Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 144

Trademark False Advertising Advertising Advertising 144

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

TorrentFreak

NOVEMBER 19, 2023

CTAM wanted to combat an escalating content piracy industry that was robbing legitimate content creators of their intellectual property and risking the privacy and safety of content users. The Blacklight Privacy Inspector had a look at StreamSafely.com and reported back with its findings. million in revenue vs. $4.56

Marketing 128

Marketing Marketing Privacy Intellectual Property 128

Intellectual Property Law Blog

MAY 2, 2023

Data Privacy : Systems should be developed with built-in protections from abusive data practices for individuals and the ability for individuals to have agency over how their data is used. Some companies are advising employees not to advertise the use of AI. AI RMF 1.0

Government 237

Government Business Licensing Copyright 237

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

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. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. NetChoice LLC v.

Editing 98

Editing Social Media Blogging Advertising 98

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

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 98

False Advertising Government Privacy Design 98

TorrentFreak

MARCH 29, 2023

Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy.

Social Media 145

Social Media Advertising Advertising Copyright 145

LexBlog IP

AUGUST 24, 2023

State privacy laws are changing rapidly in the U.S. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law. The Oregon Consumer Privacy Act will go into effect on July 1, 2024. The law will go into effect on January 1, 2025.

Privacy 40

Privacy Law Business Higher Education 40

The IPKat

JANUARY 30, 2022

Miscellaneous The United Kingdom Intellectual Property Office (UKIPO) launched a call for views on the UK’s design system, as part of a review of the design system to ensure it remains fit for the future. Information about the event and registration is available here. Further information and how to respond can be found here.

Privacy 70

Privacy Intellectual Property Registration Litigation 70

TorrentFreak

JANUARY 8, 2024

They’re also adept at pumping user data, including viewing habits and associated behavior, back to providers to ensure that free ad-supported TV makes up for lost currency through a firehose of advertising intelligence. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use.

Advertising 126

Advertising Advertising Copyright Copyright Infringement 126

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 143

IP Intellectual Property Copyright Trademark 143

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 119

Social Media Ownership Business Branding 119

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Designs 52

Designs Design Law Contracts 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. In 2007, the Ninth Circuit in Perfect 10 v. I even agree with the latter point!)

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 98

Privacy Contracts Marketing Marketing 98

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

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

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 119

Artwork Trademark Publishing Marketing 119

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 124

Government Law Privacy Advertising 124

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected.

Privacy 40

Privacy Reporting Business Designs 40

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. Finally, in April 2023, 19 U.S.

Marketing 98

Marketing Marketing Advertising Advertising 98

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

Reporting 52

Reporting Privacy Designs Design 52

SpicyIP

SEPTEMBER 12, 2024

And the last part (Chapter 19-21) ventures outside this ‘mainstay’ of IP and looks at overlaps with areas such as competition law, trade secrets, privacy, and traditional knowledge. The chapter on Overlap between Patent and Design Protection by David Musker elaborates on this and deals with another pressing question- Whether overlaps matter?

Editing 80

Editing Intellectual Property Privacy IP 80

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). It would only estimate age and would not identify the person providing consent.

Privacy 52

Privacy Advertising Advertising Designs 52

43(B)log

JANUARY 25, 2022

Platinum allegedly hired the Volkin defendants to “engage in a strategic defamation campaign online designed to ruin Plaintiffs’ professional reputation and to divert Plaintiffs’ customers away from their products and to Platinum’s competitive products.” And they are not providing the customers with anything new with an act like that.”

Designs 59

Designs Design Privacy Blogging 59

LexBlog IP

OCTOBER 8, 2021

To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Myth #1: “Privacy” is the only concern for consumers in digital markets.

Privacy 52

Privacy Advertising Advertising Television 52

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. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 98

Contracts Advertising Advertising Privacy 98

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.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

TorrentFreak

FEBRUARY 15, 2022

Just a day after the complaint was filed, a Washington court issued a temporary restraining order designed to cripple Kiss Library. Whois Privacy Corp., In August 2020, the injunctions, which also covered banks, payment processors, credit card companies, advertisers and search engines, were made permanent. and NameCheap, Inc.,

Social Media 110

Social Media Publishing Copyright Law Copyright 110

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

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