43(B)log

JANUARY 19, 2022

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.,

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LexBlog IP

JUNE 7, 2022

The Federal Trade Commission (“FTC”) approved a request for public comment related to updating its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These updates were released in May 2022. text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); });

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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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008. Apple, Inc.

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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?

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Social Media False Advertising Advertising Advertising 130

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.

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LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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Privacy Government Intellectual Property Business 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. seriously, are you still posting THERE???)

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Law Social Media Advertising Advertising 111

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.

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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.” LLC, 2022 WL 3093306 (S.D. July 18, 2022). Truth Now, LLC, 2022 WL 3647257 (C.D. ” Publisher/Speaker Claims. Third-Party Content. The complaint.

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TorrentFreak

MARCH 29, 2023

Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. In February 2022, Meta told the U.S. Facebook launched its own content-matching, rights management tool in 2016.

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Social Media Advertising Advertising Copyright 145

IPilogue

JUNE 27, 2022

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on June 15, 2022. On June 2, 2022, the Supreme Court of British Columbia (the Court) issued its decision in the ongoing class action matter, Douez v Facebook, Inc. , 2022 BCSC 914 , holding that Facebook, Inc.

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Privacy Social Media Advertising Advertising 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.

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Law Advertising Advertising Marketing 98

The IPKat

JANUARY 30, 2022

This discussion is part of the EU Industry Days 2022 , an annual event that highlights industrial frontrunners and ongoing industrial policy discussions whilst improving the knowledge base of European industry. Views can be sent until 25 March 2022, 11:45pm GMT. The registration for the event can be made here.

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Privacy Intellectual Property Registration Litigation 72

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

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Privacy Law Higher Education Contracts 40

TorrentFreak

APRIL 11, 2023

Today’s bottom line for anonymizing privacy services is that they must comply with Russia’s site-blocking demands and open up themselves up to scrutiny. In the wake of Russia’s invasion of Ukraine in February 2022, telecoms watchdog Rozkomnadzor stepped up its campaign against search engines.

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Privacy Social Media Government Advertising 145

LexBlog IP

MAY 12, 2022

David Adler takes clients through the ins-and-outs of providing advertisers, merchants, agencies and affiliates the tools they need for running a trustworthy and successful business. On May 25, 2022 David Adler is presenting Trafficking in Trust: How to Enhance Affiliate Engagement an AMDays Workshop at Affiliate Summit East 22.

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Advertising Advertising Marketing Marketing 52

LexBlog IP

FEBRUARY 27, 2023

Use of the SWIFT program continues to grow, making up 12 percent of the cases NAD decided in 2022. The Standard Track continues to be the primary choice for challengers, making up 68 percent of the cases NAD decided in 2022. The 2022 report in full can be accessed here.

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Reporting Privacy Advertising Advertising 52

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Second, the right to privacy, which protects individuals from having their identities disclosed to the public without their consent. Puttaswamy v. In Titan industries v.

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Personality Rights Privacy Moral Rights Copyright 98

TorrentFreak

JULY 29, 2024

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. The marketing and framing of this utopian vision relied on the relative naivety of most internet users.

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Copyright Publishing Copyright Law Privacy 144

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. In October 2020, the Department of Justice and eleven state attorneys general jointly filed a lawsuit against Google, aiming to curb the company’s monopolistic control in the search engines and search advertising markets.

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Marketing Marketing Advertising Advertising 98

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.

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Advertising Advertising Law Marketing 119

Technology & Marketing Law Blog

OCTOBER 1, 2024

They allege that their health care providers use Google source code to analyze traffic on their web properties, that their personal health information is transmitted to Google as part of this process, and that Google feeds this information into its own advertising machinery The court summarizes why these concerns are a no-go, despite (or because of?)

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Advertising Advertising Blogging Law 105

TorrentFreak

JANUARY 18, 2022

Historical visitors to the VPNLab.net website were previously greeted with the kind of message associated with many privacy-focused services. VPNLab – 2008 to 2022. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

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Law Advertising Advertising Privacy 111

Intellectual Property Law Blog

MAY 2, 2023

In October 2022, the White House published a document titled, “ Blueprint for an AI Bill of Rights, Making Automated Systems Work for the American People.” Data Privacy : Systems should be developed with built-in protections from abusive data practices for individuals and the ability for individuals to have agency over how their data is used.

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TorrentFreak

APRIL 22, 2024

LaLiga Takes Complaint to Court In the same month as the submission, April 2022, LaLiga walked away from a Spanish court (Juzgado de. There are no signs that was the case though; in isolation it only adds weight to the claim that no channels were provided in the app. Instrucción Nº 1 de Cieza) with an order that targeted Newplay.

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Copying Television Reporting Privacy 120

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.

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Contracts Privacy Social Media Advertising 111

Kluwer Copyright Blog

JULY 24, 2024

We analysed clauses affecting user interests regarding privacy or data protection, illegal and harmful content, dispute resolution, jurisdiction and enforcement, and copyright, the last of which provided perhaps our most interesting results and which is the focus of this blogpost. You can find the full report here.

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Copyright Ownership Social Media Licensing 135

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.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Gutman, 2022 U.S. The Spectacular Failure of Employee Social Media Privacy Laws.

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TorrentFreak

OCTOBER 11, 2023

Other, lower-priority PaaS threats include the familiarly-named 2embed.me, pirate video libraries such as Collaps.org and Pelisplus.icu, as well as the domain privacy service Njal.la. For additional context, we highlight the new entries, while also indicating those from the 2022 report that have since been removed. net, Dy2018.com,

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LexBlog IP

JANUARY 4, 2022

text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); }); __ATA.initDynamicSlot({. id: ‘atatags-26942-61d53f39db027’, location: 120, formFactor: ‘001’, label: {. reportAd: {. text: ‘Report this ad’, }, privacySettings: {.

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Contracts Business Confidentiality Privacy 52

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.”

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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.

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SpicyIP

FEBRUARY 9, 2023

Delhi High Court recently came up with the ‘ Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022 ’. One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings.

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Copyright Government Law Editing 136

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.

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Blogging Contracts Fair Use Copyright Law 130

TorrentFreak

JULY 18, 2024

These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. As the law stands, there can be no expectation of privacy when using a state approved VPN, i.e the only ones allowed under law.

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43(B)log

DECEMBER 29, 2022

Kogan, 2022 WL 17582560, No. 12, 2022) Jackson, aka 50 Cent, is a famous artist. In mid-2022, “a celebrity gossip media outlet known as The Shade Room (TSR)” published an article titled “Penis Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan Speaks On It.”

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Blogging False Advertising Advertising Advertising 59

TorrentFreak

MARCH 31, 2023

The Federal Court obliged and in 2022, Justice William F. While that may be considered a plus, customers and privacy advocates may be less pleased with other details. Just two months later, the architects of the first order – Rogers, Bell, TVA, and others – filed a new application demanding faster, more flexible blocking.

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