IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

LexBlog IP

SEPTEMBER 15, 2023

Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. alleges violations of the Electronic Communications Privacy Act among other claims.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 138

Trademark False Advertising Advertising Advertising 138

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

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

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

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.

Reporting 52

Reporting Privacy Advertising Advertising 52

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

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. it still depends on whether “Ms.

Social Media 100

Social Media Ownership Branding Brands 100

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 114

Ownership IP Non-Fungible Tokens Technology 114

LexBlog IP

MAY 6, 2022

And all signs indicate that the agency will initiate rulemaking on some as-yet-undefined privacy issues once (and if) Alvaro Bedoya gets confirmed as the fifth commissioner. The third change would fix a definition relating to charitable donation issues and make a few clerical fixes.

Privacy 52

Privacy Marketing Marketing Business 52

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. The definition of “social media platform” is “users to create, share, and view user?generated Definitions. (a) The Bill Text. From the Minnesota Journal of the House , May 4, 2022.

Social Media 143

Social Media Privacy Law Government 143

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. Death closes things off. To fix suboptimal postmortem allocations.

Registration 52

Registration False Advertising Advertising Advertising 52

Intepat

MAY 16, 2023

The definition clause under Sec. A person is entitled to the right to privacy, which extends to a celebrity as well and they are entitled to protect their publicity rights on the basis of the wider ambit of Article 21. 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service. Plaintiffs do not cite a single right of publicity case with analogous facts.

Privacy 101

Privacy Blogging Advertising Advertising 101

Technology & Marketing Law Blog

JANUARY 22, 2023

“Walmart, Amazon, and Ulta fall comfortably within that definition.” 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. ” Cites to Eberhart v. Amazon , Joseph v.

Privacy 92

Privacy Intellectual Property IP Intellectual Property Law 92

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

Technology & Marketing Law Blog

JUNE 14, 2024

The court’s opinion proudly exhibits its normative bias: “The issue in this case is whether a social media company may maximize its own benefit and advertising revenue at the expense of the health of minor users of that social media company’s applications or websites.” It’s a weird way of framing the issue, too.

Social Media 71

Social Media Publishing Designs Design 71

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. 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. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 127

Public Domain Artwork Copyright Marketing 127

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

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

Technology & Marketing Law Blog

MAY 25, 2022

By engaging in this content moderation, the platforms develop particular market niches, foster different sorts of online communities, and promote various values and viewpoints. McManus ruling, which rejected some mandatory disclosures about political advertising. Does this ruling create a circuit split with the 4th Circuit?

Social Media 99

Social Media Law Blogging Publishing 99

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. Maybe not b/c TM is already so capacious. [TM TM and ROP, maybe.]

Trademark 48

Trademark Branding Brands Branding 48

43(B)log

DECEMBER 20, 2022

The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t Plus, the 2001 Documentary was already published.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Michael Geist

DECEMBER 13, 2022

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”) . Harmonized definition of “decision” with Telecommunications Act.

Government 92

Government Advertising Advertising Reporting 92

Technology & Marketing Law Blog

OCTOBER 18, 2021

the definition of “personal algorithm” (“an algorithm that relies on information specific to an individual”) is confusing and over-inclusive. the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem.

Privacy 134

Privacy Social Media Blogging Advertising 134

Technology & Marketing Law Blog

NOVEMBER 26, 2021

It is not part of a government-run enterprise that only allows incidental expressive activities, such as the advertising space on the side of a city bus” Strict Scrutiny. The off-topic rule is, by definition, a content-based restriction on speech. Sammamish appeared first on Technology & Marketing Law Blog.

Social Media 106

Social Media Government Designs Design 106

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 133

Privacy Law Copyright Copyright Infringement 133

Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

Social Media 81

Social Media Privacy Law Publishing 81

LexBlog IP

DECEMBER 21, 2021

It’s a relatively new concept in technology with many different definitions and interpretations. This change in technology policy represents a seismic shift for the company and for the larger social media landscape, reflecting ongoing conversations in the industry about data privacy and access to personal information.

Social Media 40

Social Media Television Intellectual Property Privacy 40

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 44

Trademark Law Branding Brands 44

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. Digital Single Market was supposed to harmonize rules. 17—and if you aren’t, you have entirely different regime under the YT case. Chavannes: How to cope with the uncertainty? Riley: not clear.

Art 67

Art Litigation Law Reporting 67

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Bradford’s four examples of the Brussels Effect v.

Art 44

Art Copyright Settlement Moral Rights 44