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.

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Advertising Advertising Reporting Privacy 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.

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Advertising Advertising False Advertising Intellectual Property 72

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.”

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Advertising Advertising Privacy Intellectual Property 40

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.

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Privacy Advertising Advertising Publishing 52

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 76

Social Media Advertising Advertising Publishing 76

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.

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Privacy Law Business Higher Education 40

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

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.

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Privacy False Advertising Advertising Advertising 119

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.

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IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

NOVEMBER 15, 2024

In 2023, Tamil Nadu introduced the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 , which has prohibited game of chances and introduced four conditions to consider a game as a game of chance. Criminal Laws Various criminal laws like Bhartiya Nyaya Sanhita, 2023, IT Act, 2000, etc.

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Advertising Advertising Law Due Diligence 95

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 Design Designs 40

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. The Reputation Paradox : How can a movie star or a professional athlete, who had deliberately and energetically sought the limelight, complain of embarrassment and hurt feelings when an advertiser or merchandiser simply gave their face additional publicity?

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Privacy Personality Rights Public Domain Ownership 79

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

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.”

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Advertising Advertising Marketing Marketing 113

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 104

Privacy Intellectual Property IP Intellectual Property Law 104

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

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

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

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.

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Business Reporting Social Media Copyright 111

TorrentFreak

MARCH 1, 2024

While accessing blocked websites and communicating in relative privacy is now fairly common, the government would like sites carrying “illegal information” to remain inaccessible. Advertising and recommendations help to quickly spread the news but for Moscow, that’s unacceptable and needs to change.

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Government Privacy Publishing Law 122

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. Note: The responses below were received in 2023.

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Privacy IP Technology Reporting 140

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 96

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.

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Marketing Marketing Privacy Intellectual Property 113

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.

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Editing Intellectual Property Privacy IP 68

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 Copyright 237

LexBlog IP

JANUARY 26, 2023

for data harvesting and targeted advertising without users’ consent. According to the Complaint , Chick-Fil-A violated the Video Privacy Protection Act of 1988 when it deployed the Facebook Tracking Pixel “to identify a user’s video-watching behavior.”

Social Media 40

Social Media Privacy Advertising Advertising 40

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,

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Advertising Advertising Marketing Marketing 118

Olartemoure Blog

JULY 5, 2024

On June 26, through External Circular 001, the Superintendence of Industry and Commerce (“SIC”) established its competence and regulated aspects of Law 2300 of 2023 , known as the “Dejen de Fregar” Law.

Law 52

Law Intellectual Property Advertising Advertising 52

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 97

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 97

Privacy Contracts Marketing Marketing 97

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.

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Privacy Advertising Advertising Licensing 109

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.

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Copyright Ownership Social Media Licensing 130

IP Tech Blog

JUNE 23, 2023

2023 WL 3781649 (C.D. May 2, 2023) once again confirms that for a court to retain specific personal jurisdiction over a defendant, that defendant must have expressly aimed the allegedly infringing behavior at the forum. Defendant also included references to potentially applicable privacy laws, including those of California.

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Privacy Trademark Advertising Advertising 57

Olartemoure Blog

MAY 3, 2024

Law 2300 of 2023 has ushered in significant changes in the Registry of Excluded Numbers (“RNE”) administered by the Commission for the Regulation of Communications (“CRC”).

Intellectual Property 52

Intellectual Property Advertising Advertising Law 52

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 130

Copyright Publishing Copyright Law Privacy 130

LexBlog IP

DECEMBER 8, 2022

Since the California Privacy Protection Agency (CPPA) released its draft regulations pursuant to the California Privacy Rights Act (CPRA), the biggest gripe from businesses has been the website tracking opt-out requirements. The CPRA amends the California Consumer Privacy Act of 2020 and goes into effect on January 1, 2023.

Business 40

Business Privacy Advertising Advertising 40

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Design Designs Social Media Privacy 57