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.”

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Trademark False Advertising Advertising Advertising 144

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.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Second, the right to privacy, which protects individuals from having their identities disclosed to the public without their consent. Puttaswamy v.

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Personality Rights Privacy Moral Rights Copyright 98

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.”

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Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

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Editing Social Media Blogging Advertising 98

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.

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Government Law Privacy Advertising 120

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 122

Ownership IP Non-Fungible Tokens Technology 122

JIPEL Copyright Blog

MARCH 30, 2021

What does the “data” in data privacy mean? In the data privacy context, most people likely think of things like one’s name, email address, phone number and so on, all of which is correct. But might the definition stretch even further? In June 2018, California enacted the California Consumer Privacy Act (CCPA).

Privacy 40

Privacy Law Business Advertising 40

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. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

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Intellectual Property Privacy Brands Branding 105

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

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Kluwer Copyright Blog

APRIL 29, 2024

In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).

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Public Domain Artwork Copyright Marketing 132

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.”

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IP Advertising Advertising Copyright 98

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.

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IP Intellectual Property Copyright Trademark 143

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.

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Contracts Advertising Advertising Privacy 98

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.

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Blogging False Advertising Litigation Marketing 105

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.

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Social Media Privacy Law Government 145

The IP Law Blog

JANUARY 12, 2023

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. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JULY 25, 2023

Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). Here we discuss VPC in more depth. It would only estimate age and would not identify the person providing consent.

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Privacy Advertising Advertising Designs 52

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.” Still, the court acknowledges that its resolution while definitive is only as between the two parties (i.e., The Spectacular Failure of Employee Social Media Privacy Laws.

Social Media 119

Social Media Ownership Business Brands 119

LexBlog IP

OCTOBER 1, 2021

For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. text: ‘Advertisements’, }, creative: {. Application. reportAd: {.

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Contracts Confidentiality Privacy Ownership 59

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 Brands Branding 52

Traverse Legal Blog

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.

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Cease and Desist Privacy Litigation Technology 52

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

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

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.

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Social Media Law Blogging Publishing 116

The IPKat

DECEMBER 13, 2022

In awarding damages however, the court held that even though the Petitioner’s image rights and right to privacy, dignity and property were infringed, she did not sufficiently prove any resulting injury, damage or loss. The court also considered that in general and practical terms, the university was not a profit-making enterprise.

Copyright 122

Copyright IP Music Ownership 122

SpicyIP

AUGUST 6, 2024

Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

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.

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Reporting Privacy Advertising Advertising 52

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. But, surprise!

Trademark 59

Trademark False Advertising Advertising Advertising 59

IPilogue

JANUARY 14, 2022

For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. DABUS was granted patents in Australia and South Africa, with the Federal Court of Australia citing that while only humans can be owners, the definition of “inventor” is more flexible. Trademark Law. Parody in Trademarks is No Joke.

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IP Copyright Infringement Inventor Intellectual Property 105

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.

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Branding Brands Branding Personality Rights 98

LexBlog IP

MAY 26, 2022

The California Office of the Attorney General issued its first opinion interpreting the California Consumer Privacy Act (CCPA) on March 10, 2022, addressing the issue of whether a consumer has a right to know the inferences that a business holds about the consumer. ” (Civ. ” California Civil Code section 1798.14(o)

Privacy 52

Privacy Business Government Law 52

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.

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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.

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Privacy Technology Government Designs 52

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). Enigma’s allegations, including definitions of “threat” from statutes and other authorities, still had a subjective component.

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

JANUARY 12, 2023

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. 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

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. Death closes things off.

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