IPilogue

JANUARY 11, 2023

There are significant overlaps and considerations to think of with the roll-out of a privacy policy, consumer protection laws, and a range of different agreements including those related to advertising, purchase and sale, events, and content production freelancer rights.

Journalism 80

Journalism Privacy Contracts IP 80

Intellectual Property Law Blog

MAY 2, 2023

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. How must the compliance obligations of open source licenses be met in this context and by whom (developer or user)? Both the U.S.

Government 237

Government Business Licensing Copyright 237

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 73

IP Advertising Advertising Copyright 73

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. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

Intellectual Property 90

Intellectual Property Registration Trademark Personality Rights 90

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. ” OK boomer.

Privacy 91

Privacy Contracts Marketing Marketing 91

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). The Second Circuit affirmed this decision. TransUnion.

Contracts 84

Contracts Privacy Blogging Litigation 84

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. RIPTwitter. * * * Most readers should stop reading the blog post here. to lose significant advertising revenues.” CCDH appeared first on Technology & Marketing Law Blog.

Litigation 87

Litigation Contracts Advertising Advertising 87

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 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee. LEXIS 23688 (S.D.

Contracts 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. Indeed, there appears to be a pattern of ignoring the trademarks of the goods offered on its websites, as multiple well-known brands of products are being offered by third-party users for sale, apparently without license.

Artwork 98

Artwork Trademark Publishing Marketing 98

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. & Prof.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

AUGUST 7, 2022

I also blogged a similar case from the Northern District of California. 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. Whitepages.

Blogging 81

Blogging Reporting Advertising Advertising 81

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 100

Privacy Marketing Marketing Social Media 100

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 96

Publishing Government Contracts Law 96

Technology & Marketing Law Blog

JANUARY 23, 2024

Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks.

Contracts 80

Contracts Blogging Advertising Advertising 80

Technology & Marketing Law Blog

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. Despite the importance of those Fall 2023 rulings, I never blogged either. I then pivoted to cover both in the same blog post, but that was too big a project for my time window and it stalled out. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

Social Media 71

Social Media Publishing Designs Design 71

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Top 10 Most Read IPilogue Articles Published in 2021.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

JANUARY 22, 2023

She signed a license with QuickFrame to use her likeness only on Instagram. The court says: “New York courts have long construed Sections 50 and 51 to provide a statutory right to privacy , not property… New York does not recognize the common law right of publicity. Patty Ratermann is a model. ” Cites to Saveene v.

Privacy 92

Privacy Intellectual Property IP Intellectual Property Law 92

Kluwer Copyright Blog

FEBRUARY 28, 2023

Simultaneously, the streaming platform is advertised in Austria by two Austrian companies owned by GO4YU d.o.o However, the public can bypass this by connecting to the platform’s service via Virtual Private Network (VPN), tricking the platform into believing that the device is located in Serbia or Montenegro.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v. State of T.N., State of T.N.,

Privacy 100

Privacy Intellectual Property Law Intellectual Property Advertising 100

Kluwer Copyright Blog

JUNE 26, 2024

are the background lyrics of the latest Google advertisement about the future of online search. What will “Google Zero” mean to online audience traffic flows (specifically, blogs and podcasts)? More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. A ‘Google Zero’ World? “I

Copyright 102

Copyright Content Creation Fair Use Technology 102

Technology & Marketing Law Blog

JANUARY 24, 2023

I blogged the AADC several times. It also puts users’ privacy and security (including minors’!) Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. California AADC (AB 2273). (I at greater risk.

Law 115

Law Social Media Government Privacy 115