Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. portion of the total rental fee.

Contracts 76

Contracts Advertising Advertising Privacy 76

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

IP and Legal Filings

NOVEMBER 8, 2022

IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE). 30] Article 21 of our constitution guarantees right to privacy under the sublet of right to protection of life and personal liberty. [31] Autonomous vehicle levels have a very contentious issue at hand.

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The Spectacular Failure of Employee Social Media Privacy Laws. SF Design Group.

Social Media 101

Social Media Ownership Branding Brands 101

LexBlog IP

FEBRUARY 4, 2024

14/2023 Article 1 of decree law provides a comprehensive set of definitions for key terms such as Trading by Modern Technological Means and E-signature. An E-signature is a technologically enabled signature using letters, numbers, or symbols for identity verification, sent via text to designated emails and mobile numbers.

Law 40

Law Technology Privacy Advertising 40

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] It’s market definition. The definition expanded far beyond packaging/display. Color, product design.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 14, 2024

“there is only a tenuous connection between, on the one hand, Defendants’ design, operation, and promotion of the platforms and, on the other, a minor user’s decision to destroy or deface school property. Of course they “design” their publication to enhance users’ experience and engagement.

Social Media 72

Social Media Publishing Designs Design 72

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.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

TorrentFreak

JULY 18, 2024

These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. As the law stands, there can be no expectation of privacy when using a state approved VPN, i.e the only ones allowed under law.

Government 91

Government Law Privacy Advertising 91

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

IP 136

IP Intellectual Property Copyright Trademark 136

IIPRD

FEBRUARY 23, 2021

A short-form trademark security agreement which avoids the disclosure of terms of the loan is also recommended while filing documents in the USPTO to protect the privacy of the debtor. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. Patent as Collateral in the US.

IP 40

IP Intellectual Property Branding Brands 40

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

Technology & Marketing Law Blog

MAY 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. McManus ruling, which rejected some mandatory disclosures about political advertising. Applying the Scrutiny Level.

Social Media 100

Social Media Law Blogging Publishing 100

43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” Plus, the 2001 Documentary was already published.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) .

Government 92

Government Advertising Advertising Reporting 92

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media 107

Social Media Government Designs Design 107

TorrentFreak

NOVEMBER 8, 2021

However, certain tools and services definitely make it harder for law enforcement to track down criminals. “For instance, LiquidVPN was sued earlier this year for designing and marketing its services as a ‘no-log’ VPN. That includes the executive cybersecurity order. VPNs, Tor, and proxy services can be used for good.

Privacy 128

Privacy Law Copyright Copyright Infringement 128

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. ” Second, TikTok’s statements weren’t made in advertising.

Social Media 82

Social Media Privacy Law Publishing 82

43(B)log

FEBRUARY 23, 2024

Only if you believe they’ll stick with their statement about the definition of “use in commerce.” I think you could say that when you claim to have a “mark” subject to 43(a), you use the relevant definition, but when you’re asserting some other claim under 43(a), you don’t have to do so.] Standing makes him nervous b/c of privacy.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

APRIL 7, 2023

The definitions are a mess, overlapping in uncertain ways, and there’s no way to find out whether if you’re in scope before lawsuit. Chavannes: no bullet is ever fully dodged in Europe—all these things are coming again: must pay/must carry; bans on advertising; these things never really die. Chavannes: How to cope with the uncertainty?

Art 69

Art Litigation Law Reporting 69

43(B)log

APRIL 7, 2023

DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Bradford’s four examples of the Brussels Effect v. Which regime to choose?

Art 45

Art Copyright Settlement Moral Rights 45

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. Role definitions can render certain interpretations “irrational.” What are you going to do instead, advertise on Bing? But these roles support only very thin social norms.

Law 119

Law Branding Brands Branding 119