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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 104
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Trademark Infringement in the Digital Age

IP and Legal Filings

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Dastar bars false marking claims brought under Lanham Act (dubitante)

43(B)log

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. A party pleading false marking claim under 35 U.S.C. §

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. However, USC submitted student selectivity data only for USC Rossier’s highly selective, in-person Ph.D.

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YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Technology & Marketing Law Blog

Same thing with the Lori Drew prosecution from 2009). The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. Google LLC , 2024 WL 2809371 (Cal.

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Green Washing Vis-A-Vis Green Trade Marks

IP and Legal Filings

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. The objective is to mislead the consumers knowing well the marketability of this concept. Another pertinent aspect is the effect of its disposal to the environment.

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,