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. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v.

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Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. This opinion raises more questions than it answers.

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Social Media False Advertising Advertising Advertising 118

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

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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. Despite Doe v.

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False Advertising Social Media Publishing Advertising 88

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. YouTube also earns from advertisers by inserting video ads and allowing longer ads. They are: 1.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [Does this create an affirmative obligation to include images?

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Trademark False Advertising Advertising Advertising 138

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 89

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. Not to mention that “dilution” is not the same thing as false endorsement!

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Law Privacy False Advertising Social Media 59

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). CV-21-01700-PHX-SPL (D. The same results followed for the defamation claims.

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Designs Design Privacy Blogging 59

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. TESS is a mess.

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SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Personality Rights: Publicity or Privacy? This practice is not uncommon in Indian sports.

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Branding Brands Branding Personality Rights 99

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

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Blogging Law Contracts Cease and Desist 119

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. More Posts About Keyword Advertising.

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Advertising Advertising Trademark Settlement 101

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

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43(B)log

SEPTEMBER 28, 2021

Luxy also allegedly infringed plaintiffs’ copyrights by copying their terms of use and privacy policy and by using plaintiffs’ trademark “SA” in the description of its privacy policies. On the other hand, because Seeking is on Google Play, confusion is also more likely there because of the similarity of marketing channels.

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False Advertising Privacy Advertising Advertising 72

43(B)log

APRIL 27, 2022

To advertise paid subscriptions, Spokeo uses “teasers”—profiles of real people with some information redacted. Under California law, the right of privacy protects against injury to the feelings/peace of mind, and Indiana and Ohio courts have indicated that their statutory rights also stem from the common-law right of privacy.

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SpicyIP

SEPTEMBER 20, 2021

Furthermore, he highlights that the court took due notice of the strong presence of the defendants in the market and delayed infringement action brought by the plaintiffs, and thereby indirectly applying the clean hands doctrine.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 63

43(B)log

FEBRUARY 25, 2023

Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising! There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. New market entry opportunities?

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43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) TM law should facilitate disclosure or it will fall behind market. Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. 57% say sellers could be liable for false etc.

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Social Media Fair Use Advertising Advertising 52

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. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access.

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LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. 5: Marketing to Minors. The following summarizes our 10 key takeaways from 2021.

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