IP Tech Blog

MARCH 20, 2023

“[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!

Advertising 62

Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

JANUARY 15, 2024

District of Columbia , 2023 WL 5964764 (D.C. City of Delray Beach, 2023 WL 6037456 (S.D. Manteca, 2023 WL 3833367 (Cal. June 6, 2023): Breitenbucher “liked” comments and an article in a public forum, Facebook. Newman, 2023 WL 2645555 (5th Cir. Marigot Beach Club and Dive Resort, 2023 WL 2743305 (D.

Social Media 96

Social Media Advertising Advertising Publishing 96

Patently-O

FEBRUARY 12, 2023

by Dennis Crouch Rights to use a person’s Name-Image-and-Likeness or NIL generally fall within two categories of intellectual property: rights of publicity and rights of privacy. Rights of privacy can also protect against misappropriation of NIL — typically under the guise of an invasion-of-privacy claim. Defamation.

Privacy 119

Privacy False Advertising Advertising Advertising 119

Olartemoure Blog

JULY 21, 2023

The Colombian Congress has enacted Law 2300 of 2023, aimed at safeguarding the privacy of financial consumers. Additionally, these entities must respect individuals’ privacy and refrain from contacting them through multiple channels within the same week or more than once in a single day. Original source in Spanish.

Privacy 52

Privacy Intellectual Property Advertising Advertising 52

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covered personal/advertising injury included d. The use of another’s advertising idea in your “advertisement”; or g.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

LexBlog IP

MARCH 20, 2023

“[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.

Advertising 52

Advertising Advertising Reporting Privacy 52

LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” For more information and to register, click here.

Advertising 52

Advertising Advertising Marketing Marketing 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. 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. Patents On February 14, 2023, the U.S. Both the U.S.

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Government Business Licensing Technology 237

Technology & Marketing Law Blog

JANUARY 22, 2023

. “Ratermann’s claims are, indisputably, based on these Defendants’ allegedly unlawful ‘dissemination’ of her likeness and nothing more… Even if Defendants ‘used’ Ratermann’s likeness ‘for advertising purposes,’ that does not defeat the protection of Section 230.” Remo , Franklin v.

Privacy 111

Privacy Intellectual Property IP Intellectual Property Law 111

LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. Many clean rooms involve the advertiser and publisher uploading data into a platform where that data can then be matched and operated on.

Privacy 52

Privacy Advertising Advertising Publishing 52

LexBlog IP

FEBRUARY 2, 2023

The Federal Trade Commission (FTC) announced on February 1, 2023 that it has settled, for $1.5M, its first enforcement action under its Health Breach Notification Rule against GoodRx Holdings, Inc., GoodRx then used that information to target these users with health-related advertisements.”

Advertising 40

Advertising Advertising Privacy Intellectual Property 40

Michael Geist

FEBRUARY 24, 2023

1/2) [link] — Pablo Rodriguez (@pablorodriguez) February 23, 2023 Leaving aside the fact that Google is blocking links to news sites, not the news sites themselves, Rodriguez continues to falsely claim that the premise of the bill is for the tech companies to “ compensate journalists when they use their work.” And news content matters.

Government 145

Government Journalism Privacy Copyright Law 145

Technology & Marketing Law Blog

DECEMBER 3, 2023

Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to violate sexual privacy; Amazon’s Dangerous Products Team inspected its lithium-ion battery; and the Fulfillment-by-Amazon team inspected it as well. ’ All advertised uses are foreseeable uses.”

Advertising 116

Advertising Advertising Marketing Marketing 116

TorrentFreak

NOVEMBER 19, 2023

CTAM wanted to combat an escalating content piracy industry that was robbing legitimate content creators of their intellectual property and risking the privacy and safety of content users. CTAM Stream Safely Video from the i.e. network on Vimeo StreamSafely: Four Years Later In November 2023, the same story is still being told.

Marketing 127

Marketing Marketing Privacy Intellectual Property 127

TorrentFreak

DECEMBER 7, 2023

On the days we took samples, which may not necessarily be representative in a broader analysis, Amazon removed huge numbers of listings for copyright and trademark infringement, violations of electrical/packaging standards, fakes and scams, and general advertising policy violations. Those listed below represent just a small sample.

Business 125

Business Reporting Social Media Copyright 125

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.

Privacy 40

Privacy Law Higher Education Contracts 40

TorrentFreak

NOVEMBER 23, 2023

That’s if older mainstream content scratches the itch and users don’t mind lots of advertising. That resulted in a large fine for privacy breaches but didn’t deter a more recent proposal to remotely delete pirate apps from users’ phones. Something For Everybody If showman P.

Privacy 128

Privacy Advertising Advertising Licensing 128

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. Between 2020 and 2023, in the U.S., Then, in January 2023, eight U.S. states initiated a lawsuit against Google, for allegedly violating antitrust laws in its advertising policies. Finally, in April 2023, 19 U.S.

Marketing 98

Marketing Marketing Advertising Advertising 98

TorrentFreak

OCTOBER 11, 2023

“With its former primary source for streaming video files 2embed taken down in July 2023, Fmovies.to million visits in July 2023, according to SimilarWeb and is mainly hosted by OVH SAS in France, but also uses Online S.A.S., The site responded by using an alternative provider and recently rebranded to Fmoviesz. net, Dy2018.com,

Advertising 125

Advertising Advertising Marketing Marketing 125

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). 18, 2022.

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Editing Social Media Blogging Advertising 98

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 98

Law Advertising Advertising Marketing 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.

Copyright 144

Copyright Publishing Copyright Law Privacy 144

TorrentFreak

DECEMBER 1, 2023

New Lawsuit, New Determination Filed at a Washington court early August 2023, a new complaint alleging copyright infringement, breaches of the DMCA, and civil RICO violations, among others, targeted up to 50 developers, marketers, customer support staff, and sellers of Destiny 2 cheating software offered by Ring-1. .

Public Domain 127

Public Domain Copyright Infringement Privacy Reporting 127

LexBlog IP

AUGUST 24, 2023

State privacy laws are changing rapidly in the U.S. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law. The Oregon Consumer Privacy Act will go into effect on July 1, 2024. The law will go into effect on January 1, 2025.

Privacy 40

Privacy Law Business Higher Education 40

Kluwer Copyright Blog

JULY 24, 2024

Our pilot empirical work in January-March 2023 mapped ToS across a representative sample of 13 generative AI providers, drawn from across the globe and including small providers as well as the large globally well-known firms such as Google and OpenAI. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 98

Privacy Contracts Marketing Marketing 98

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. 2023); but see Princeton Express v. So the burden falls to Princeton to show that its exclusion is valid.” Houston, Inc.,

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales.

Social Media 105

Social Media Copyright Licensing Advertising 105

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. Another new chapter is “ Trade Secrets and Privacy” by Maximilian Becker.

Editing 81

Editing Intellectual Property Privacy IP 81

Michael Geist

OCTOBER 2, 2023

Further, this is mandated disclosure of personal information (including the inferences of revenues for individuals) which carries privacy implications. It is not clear on what basis the Commission believes that online advertising now falls under the Broadcasting Act for the purposes of regulating social media services.

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Registration Social Media Confidentiality Government 145

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected.

Privacy 40

Privacy Reporting Business Designs 40

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. from NUALS, Kochi.

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Copyright Government Law Editing 136

LexBlog IP

JANUARY 19, 2023

The Federal Trade Commission (FTC) receives so many complaints about these fraudsters that it issued a warning on January 18, 2023, entitled “ How to spot, avoid, and report weather-related scams.” They’ll advertise rentals that don’t exist to get your money and run. Spot rental listing scams.

Privacy 40

Privacy Reporting Contracts Advertising 40