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2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Technology & Marketing Law Blog

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. targeted advertisement.

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National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

IP Tech Blog

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Disclosures, Endorsements, Dark Patterns – Oh, My!

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My “Summer” 2022 Activities

Technology & Marketing Law Blog

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

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National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

LexBlog IP

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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Africa IP highlights 2022 #1: Copyright matters

The IPKat

This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. In August , Nigeria’s National Assembly passed the Bill for an Act to Repeal the Copyright Act, Cap C28 LFN, 2004 and enact a New Copyright Act 2022. Interested readers can find the Africa IP Highlights 2021, here.

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“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

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.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. For example, it defeated Google+ in part because of privacy concerns, along with network effects. Facebook, Inc.,