LexBlog IP

MAY 12, 2022

Affiliate Marketers: Want to learn best practices, strategies, and tactics from a seasoned legal professional who works with businesses and regulators at the federal and state levels? On May 25, 2022 David Adler is presenting Trafficking in Trust: How to Enhance Affiliate Engagement an AMDays Workshop at Affiliate Summit East 22.

Advertising 52

Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 18, 2024

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. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 105

Law Social Media Advertising Advertising 105

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 137

Privacy False Advertising Contracts Advertising 137

Technology & Marketing Law Blog

AUGUST 26, 2022

“Plaintiffs’ right of publicity claims seek to impose liability for Defendants’ use of their identities in creating advertisements on the Website.” I think this is true, but note that it may be impossible to market the database without providing an explanation of what it contains. LLC, 2022 WL 3093306 (S.D.

Advertising 89

Advertising Advertising Blogging Reporting 89

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement.

Advertising 107

Advertising Advertising Blogging Reporting 107

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. Kogan , 2022 WL 17582560 (S.D. So what exactly are they probative of?

Social Media 118

Social Media False Advertising Advertising Advertising 118

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. False Advertising. 2022 WL 4021776 (N.D. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). 30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir.

Privacy 101

Privacy Marketing Marketing Social Media 101

TorrentFreak

JULY 29, 2024

The marketing and framing of this utopian vision relied on the relative naivety of most internet users. That advertising online wasn’t so passive, and over the next two decades would in some cases become an abusive, privacy-destroying nightmare, certainly wasn’t mentioned up front as part of the deal.

Copyright 121

Copyright Publishing Copyright Law Privacy 121

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 75

IP Advertising Advertising Copyright 75

LexBlog IP

OCTOBER 18, 2022

Dark patterns were also specifically called out in a number of new state privacy laws. A recently released FTC staff report on dark patterns indicates that this focus is only growing, and that dark patterns can encompass a wide range of common marketing practices – from urgency offers to fee disclosures.

Reporting 52

Reporting Privacy Designs Design 52

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. April 22, 2022). ” Ugh.

Advertising 105

Advertising Advertising Law Marketing 105

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. In 2022, in ML Genius v. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman, 2022 U.S. The court also found “Ms.

Social Media 101

Social Media Ownership Branding Brands 101

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 99

Artwork Trademark Publishing Marketing 99

Technology & Marketing Law Blog

DECEMBER 31, 2021

Wishing you and your family have a wonderful 2022.]. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. 2021 WL 6135300 (N.D.

Fair Use 113

Fair Use Blogging Marketing Marketing 113

43(B)log

JANUARY 25, 2022

Platinum LED Lights LLC, 2022 WL 204414, No. 24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). Chaverri v. CV-21-01700-PHX-SPL (D. The same results followed for the defamation claims.

Designs 59

Designs Design Privacy Blogging 59

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. 2022 WL 4372349 (N.D. & Prof.

Contracts 94

Contracts Social Media Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Click on the image to see the animation.

Contracts 106

Contracts Privacy Social Media Advertising 106

Herbert Smith Freehills

MAY 29, 2023

She has extensive experience advising Chinese growth and large tech clients on mergers and acquisitions, private equity investments, capital markets, joint ventures and corporate restructurings in both China and internationally. Justina was recognised as an "A-List lawyer" by China Business Law Journal in 2022.

Advertising 52

Advertising Advertising Privacy Journalism 52

Technology & Marketing Law Blog

JANUARY 15, 2024

June 17, 2022). Defendants deny that the Resort targets Massachusetts or its residents with advertising. Even assuming for the sake of argument that the Resort targeted Massachusetts or its residents with advertising, there is no evidence that Elizabeth and Jodie ever saw such advertising or that it influenced them.

Social Media 66

Social Media Advertising Advertising Publishing 66

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. 2022 WL 2205476 (N.D. June 21, 2022). June 22, 2022). 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 96

Fair Use Plagiarism Copyright Marketing 96

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 2] CS (COMM) 819 of 2022. [3]

Personality Rights 77

Personality Rights Intellectual Property Social Media Intellectual Property Law 77

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 135

Privacy IP Technology Reporting 135

Technology & Marketing Law Blog

AUGUST 7, 2022

June 29, 2022). Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. Surprisingly, Knapke did not file a request for rehearing. Case citation: Knapke v.

Blogging 82

Blogging Reporting Advertising Advertising 82

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. From the Minnesota Journal of the House , May 4, 2022. The post Minnesota Wants to Ban Under-18s From User-Generated Content Services appeared first on Technology & Marketing Law Blog. The Bill Text.

Social Media 144

Social Media Privacy Law Government 144

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. Other companies like GoDaddy.com LLC, and Dynadt LLC registered domains using his name. What are Publicity Rights?

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

JULY 18, 2023

Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. ML Genius v. A third approach?

Blogging 93

Blogging Contracts Copyright Law Copyright 93

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Who needs new privacy laws if the Unruh Act already bans most ad targeting? * * * Liapes claims she wanted to buy life insurance.

Law 89

Law Advertising Advertising Marketing 89

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Google case from 2022. Google changed its privacy policy to collect all “public” data (viz., TOU at 6-7. ” TOU at 1. at 976-977.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).

Copyright 128

Copyright Ownership Social Media Licensing 128