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. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

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 144

Privacy False Advertising Contracts Advertising 144

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

IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. What did Target do with this information? It mailed her coupons for baby clothes and cribs.

Social Media 105

Social Media Advertising Advertising Privacy 105

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 105

Business Privacy Intellectual Property Law Advertising 105

Technology & Marketing Law Blog

MAY 18, 2022

Yearbook/people database opinions are being issued faster than I can blog them. Sorry for the efficient blogging, but properly keeping up with these cases would be a full-time job. As alleged in the Amended Complaint, the Classmates’ website uses his image to advertise a paid subscription to its services in at least two ways.”

Advertising 116

Advertising Advertising Blogging Copying 116

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 131

Blogging Law Contracts Cease and Desist 131

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 98

Contracts Blogging Advertising Advertising 98

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 111

Advertising Advertising Social Media Blogging 111

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 119

Advertising Advertising Blogging Reporting 119

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 105

Privacy Advertising Advertising Marketing 105

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

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 130

Social Media False Advertising Advertising Advertising 130

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 98

Blogging Contracts Copyright Law Copyright 98

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 143

False Advertising Privacy Publishing Advertising 143

LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

Privacy 40

Privacy Advertising Advertising Blogging 40

JIPEL Copyright Blog

MAY 3, 2021

Michael Costanza filed a $100 million lawsuit against Jerry Seinfeld, Larry David (the show’s co-creator), and NBC for invasion of privacy, defamation, and being cast in a false light. Specifically, sections 50 and 51 of New York’s Civil Rights Law provide the only basis for a right of privacy in the state. This is where it gets juicy.

Privacy 52

Privacy Advertising Advertising Television 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???)

Law 111

Law Social Media Advertising Advertising 111

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

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 98

Blogging Copyright Contracts Cease and Desist 98

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 98

Advertising Advertising Blogging Reporting 98

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 128

Advertising Advertising Marketing Marketing 128

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 105

Contracts Privacy Blogging Litigation 105

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Catch up with us every Tuesday on our IP Blog. Thanks for following us!

Blogging 52

Blogging IP Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 18, 2021

the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem. At its core, this bill is really a privacy bill misplaced in Section 230. Prior Blog Posts on the 117th Congress’ Efforts to Kill the Internet.

Privacy 144

Privacy Social Media Blogging Advertising 144

IPilogue

MARCH 22, 2023

Privacy Misrepresentation According to the Federal Trade Commission (FTC) release , BetterHelp requires a questionnaire that asks for sensitive mental health information – “such as whether they have experienced depression or suicidal thoughts and are on any medications” – along with personal information.

Advertising 40

Advertising Advertising Privacy Settlement 40

Michael Geist

OCTOBER 22, 2022

Haugen identified numerous harms associated with the company’s practices – privacy, the impact on children, misinformation, and algorithmic settings that often inflame rather than educate – and emphasized that there was a need to address these concerns through better regulation (notably transparency and privacy rules).

Privacy 110

Privacy Government Social Media Advertising 110

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

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). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. 2021 WL 6135300 (N.D.

Fair Use 124

Fair Use Blogging Marketing Marketing 124

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

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 119

Advertising Advertising Law Marketing 119

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

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

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 98

False Advertising Government Privacy Designs 98

IPilogue

JUNE 27, 2022

(Facebook) was liable under several provincial privacy statutes for using class members’ likenesses without their consent. . Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g.

Privacy 59

Privacy Social Media Advertising Advertising 59

Technology & Marketing Law Blog

OCTOBER 1, 2024

I’ve decided this one from 2 months ago is worth blogging, even at this date, given Judge Chhabria’s treatment of these claims. Google (Catch Up Post) appeared first on Technology & Marketing Law Blog. It feels like we are getting a pixel ruling every day. I’ve ignored most of them. United States, 44 F.4th

Advertising 105

Advertising Advertising Blogging Law 105

Technology & Marketing Law Blog

MAY 25, 2022

The court explains (bolding added): social-media platforms aren’t ‘dumb pipes’ : They’re not just servers and hard drives storing information or hosting blogs that anyone can access, and they’re not internet service providers reflexively transmitting data from point A to point B. The panel answers that question decisively yes.

Social Media 116

Social Media Law Blogging Publishing 116