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

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

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. Price: $30 + shipping and tax.

Editing 52

Editing Advertising Advertising False Advertising 52

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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008. ” Limitation of Liability.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Until the resources provided by the Ministry of Science, Technology and Innovation have been exhausted, this line of credit will be open. . Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

LexBlog IP

JANUARY 5, 2023

The Announcement outlines a scary scheme by cyber criminals, who “are using search engine advertisement services to impersonate brands and direct users to malicious sites that host ransomware and steal login credentials and other financial information.” Use an ad blocking extension when performing internet searches.

Advertising 40

Advertising Advertising Privacy Business 40

TorrentFreak

SEPTEMBER 21, 2023

Earlier this week, several websites associated with brands that were targeted by U.S. These domains were registered through Njalla, which advertises itself as the “world’s most notorious privacy provider for domains.” ” Privacy doesn’t mean that domains will remain online at all costs though.

Privacy 126

Privacy Government Advertising Advertising 126

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. Spelling-Goldberg Prods.,

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

Patently-O

JULY 19, 2023

Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. While typical privacy rights focus on personal interests and one’s peace of mind, the right of publicity is more economic and commercial in nature.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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

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

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

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

TorrentFreak

JANUARY 18, 2022

Historical visitors to the VPNLab.net website were previously greeted with the kind of message associated with many privacy-focused services. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

Law 112

Law Advertising Advertising Privacy 112

Technology & Marketing Law Blog

AUGUST 5, 2022

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.” The court also found “Ms.

Social Media 119

Social Media Ownership Business Branding 119

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. A: quite likely.

Law 91

Law Branding Brands Branding 91

Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. 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. Implications.

Social Media 105

Social Media Copyright Licensing Advertising 105

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

SpicyIP

MARCH 9, 2025

Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.”

Trademark 59

Trademark Patent Copyright Patent Application 59

IP and Legal Filings

APRIL 10, 2025

Such acts of vilifying celebrities or benefiting from their brand value, has made it a necessity to protect their rights. Celebrity and their rights: Celebrity is person who is well recognized in the public eye and has a brand value of certain magnitude.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

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

LexBlog IP

AUGUST 25, 2022

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and implement a CCPA compliance program. My office is watching, and we will hold you accountable.”

Privacy 40

Privacy Settlement Advertising Advertising 40

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Debate over television series based on real events: ‘biopics’ and honor, privacy and publicity rights.

Blogging 52

Blogging IP Advertising Advertising 52

SpicyIP

AUGUST 6, 2024

Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections. BomHC’s ruling aptly recognised that unauthorised exploitation of a celebrity’s persona not only infringes on their legal rights but also jeopardises their career and personal brand.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. New TMs hide from consumers.

Trademark 59

Trademark False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties.

Artwork 119

Artwork Trademark Publishing Marketing 119

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. The reader is simply left to speculate.

Reporting 52

Reporting Privacy Advertising Advertising 52

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

JANUARY 26, 2022

Nevertheless, emerging technologies – not only blockchain but also cloud computing, machine learning, edge computing, differential privacy, and AI, for instance – are clearly shifting towards more decentralized solutions. Jack Dorsey tweeted another provocative idea the next day. This time in the form of a warning: “You don’t own “web3.”

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

AUGUST 27, 2024

The control group was shown a “workup” of what a “Plaid branding only” user interface would look like. The survey explained to respondents what was happening; they could click on and read the Plaid privacy policy before going forward. This went to the claim that required evidence of damage to goodwill (that is, false advertising).

Branding 52

Branding Brands Branding False Advertising 52