LexBlog IP

MAY 2, 2023

But blogs can get out the door far more quickly. And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). The change has been dramatic and quick , and it has not escaped the notice of regulators.

Blogging 52

Blogging Privacy Marketing Marketing 52

LexBlog IP

OCTOBER 20, 2022

Although a bit dated, a 2019 blog in Comaritech gives a good background on what geofencing is and what privacy concerns it presents. The blog, What is geofencing, how does it work, what are the privacy concerns? All of those apps have your permission to track your every move and sell that information to other companies.

Privacy 40

Privacy Blogging Advertising Advertising 40

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 104

Advertising Advertising Marketing Marketing 104

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. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 104

Law Social Media Advertising Advertising 104

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The horror! The domain registration is cloaked.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

Technology & Marketing Law Blog

JUNE 10, 2022

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.

Privacy 136

Privacy False Advertising Contracts Advertising 136

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Blog Posts.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

IPilogue

FEBRUARY 2, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective.

Business 106

Business Privacy Intellectual Property Law Advertising 106

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.

Advertising 106

Advertising Advertising Blogging Reporting 106

Technology & Marketing Law Blog

AUGUST 26, 2022

Note: this opinion is over 25,000 words long, which helps explain why it’s taken me until now to blog it. “Plaintiffs’ right of publicity claims seek to impose liability for Defendants’ use of their identities in creating advertisements on the Website.” Section 230. ” ICS Provider.

Advertising 88

Advertising Advertising Blogging Reporting 88

Technology & Marketing Law Blog

JUNE 20, 2024

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. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. ” Attorneys’ Fees. Implications. Be Careful!–Khachatryan

Social Media 100

Social Media Copyright Licensing Advertising 100

Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. 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.

Social Media 117

Social Media False Advertising Advertising Advertising 117

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Google changed its privacy policy to collect all “public” data (viz., Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

IPilogue

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. French privacy rights group La Quadrature du Net alleged in 2018 that Amazon manipulates customer data for commercial purposes vis-à-vis choosing what advertising information the customers gain exposure to.

Privacy 106

Privacy Advertising Advertising Marketing 106

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 118

Blogging Law Contracts Cease and Desist 118

Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Blogging it has been rough!

Advertising 92

Advertising Advertising Social Media Blogging 92

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

Advertising 122

Advertising Advertising Marketing Marketing 122

Technology & Marketing Law Blog

DECEMBER 31, 2021

This is my last blog post for 2021. Thanks for reading the blog this year! Other Blog Posts on 512(h). 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Wishing you and your family have a wonderful 2022.]. 2021 WL 6135300 (N.D.

Fair Use 112

Fair Use Blogging Marketing Marketing 112

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

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

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.

Contracts 84

Contracts Privacy Blogging Litigation 84

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. Statutory Liability. ” Ugh.

Advertising 104

Advertising Advertising Law Marketing 104

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

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 88

Blogging False Advertising Litigation Marketing 88

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Teamsters Loc.

Social Media 100

Social Media Ownership Branding Brands 100

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces.

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). Among other things, Mito Red alleged that blog posts/video such as “Mito Red Light Therapy Scam: What Are They Lying About?” Mito Red here is the follower” was puffery.

Designs 57

Designs Design Privacy Blogging 57

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 90

Intellectual Property Registration Trademark Personality Rights 90

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 100

Privacy Marketing Marketing Social Media 100

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 88

False Advertising Social Media Publishing Advertising 88

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

IP Tech Blog

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California. Instock Goodies Inc. 2023 WL 3781649 (C.D. May 2, 2023).

Privacy 57

Privacy Trademark Advertising Advertising 57

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

IP Tech Blog

MARCH 8, 2024

Age Estimation: The Act requires online providers to estimate the age of child users so that the highest privacy setting is applied when a child visits the site. High Default Privacy Settings: The Act requires a “high” level of privacy setting as the “default” for children visiting a site.

Designs 57

Designs Design Social Media Privacy 57

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