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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

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? As held by the Delhi High Court in D.M. Entertainment Pvt.

Branding 105

Branding Brands Branding Personality Rights 105

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.

Social Media 130

Social Media False Advertising Advertising Advertising 130

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?

Trademark 144

Trademark False Advertising Advertising Advertising 144

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. Spelling-Goldberg Prods.,

Personality Rights 104

Personality Rights Privacy Trademark Law False Advertising 104

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. 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. The district court disagreed. Warner Bros.

False Advertising 98

False Advertising Government Privacy Design 98

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.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

LexBlog IP

JANUARY 10, 2023

50 Cent alleged that MedSpa’s owner, Angela Kogan, asked for a picture with him when he was coincidentally in MedSpa’s proximity.

False Advertising 52

False Advertising Privacy Advertising Advertising 52

43(B)log

DECEMBER 29, 2022

Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. Invasion of privacy: Jackson’s allegations supported misappropriation and false light theories. False advertising: Same. All the claims survived.

Blogging 59

Blogging False Advertising Advertising Advertising 59

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 consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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.

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

False Advertising 45

False Advertising Advertising Advertising Privacy 45

43(B)log

APRIL 15, 2024

Although she alleged violations of the federal and Minnesota wiretap statutes and the Minnesota health records statute (which all survived the motion to dismiss), I’ll focus on claims under the Minnesota consumer fraud statute, the Minnesota deceptive trade practices statute, and common law claims of invasion of privacy and unjust enrichment.

Privacy 59

Privacy Advertising Advertising Business 59

SpicyIP

SEPTEMBER 20, 2021

Pop star Rihanna has dropped a case instituted by her in 2019 against her father for false advertising and invasion of privacy. The popular database Honey Impact, for the game Genshin Impact, is being threatened to be taken down in light of warnings issued by the legal staff of miHoYo, the game’s developer.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

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 alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

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 105

Blogging False Advertising Litigation Marketing 105

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Here’s a not-so-short list of other laws that might apply to web scraping: Copyright, trademark, breach of contract, unfair competition, unfair and deceptive trade practices, trespass to chattels, conversion, state law trade secrets, the DTSA, tortious interference with a contract, tortious interference with a prospective economic advantage, dilution, (..)

Blogging 131

Blogging Law Contracts Cease and Desist 131

43(B)log

FEBRUARY 22, 2022

Previously, the court denied Robinhood’s motion to dismiss claims for negligence and violations of the California Consumer Privacy Act (CCPA), the constitutional right to privacy, and the unlawful and unfair prongs of the Unfair Competition Law (UCL). Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

43(B)log

JANUARY 25, 2022

For other statements about the wattage/irradiance of Mito Red’s products, it was not conclusory to allege that Platinum’s statements were false because the products were truthfully advertised as five watts: that alleged falsity even if there could be a factual dispute over measurement.

Designs 59

Designs Design Privacy Blogging 59

43(B)log

AUGUST 27, 2024

The survey explained to respondents what was happening; they could click on and read the Plaid privacy policy before going forward. This went to the claim that required evidence of damage to goodwill (that is, false advertising). The control group argument gave the court more pause.

Branding 52

Branding Brands Branding False Advertising 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.] There is some exception for actions immediately surrounding death or moment of burial.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use?

Advertising 126

Advertising Advertising Trademark Settlement 126

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

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.

Privacy 72

Privacy Advertising Advertising False Advertising 72

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. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).

False Advertising 56

False Advertising Privacy Advertising Advertising 56

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Repair: ???

Privacy 45

Privacy Fair Use Fanworks Government 45

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Not surprising that sellers make false claims—they’re desperate to sell. Did they influence how you advertise?

Social Media 40

Social Media Fair Use Advertising Advertising 40

SpicyIP

NOVEMBER 8, 2024

We Already Have Laws for That : Existing laws on fraud, misrepresentation, and false advertising already protect against genuine cases of consumer deception. Our legal system already has robust protections against false advertising and consumer fraud. This distinction is crucial.

Privacy 64

Privacy False Advertising Personality Rights Branding 64

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! Does a link to a privacy policy provide effective notice? It doesn’t work so well for advertising! They walk around confused about sponsorship b/c of their priors!

Trademark 72

Trademark Marketing Marketing Advertising 72

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.

Advertising 40

Advertising Advertising Law Privacy 40

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. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. A: quite likely.

Law 91

Law Branding Brands Branding 91

Technology & Marketing Law Blog

OCTOBER 14, 2024

The State’s amended complaint in Cause PL-401 alleges that, in its privacy policy, TikTok has omitted information on which a reasonable person would likely rely in deciding whether to download and access the app—namely, that the government of China would have access to TikTok’s collected personal data.

False Advertising 105

False Advertising Advertising Advertising Contracts 105

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. The following summarizes our 10 key takeaways from 2021. Takeaway No. Takeaway No. Takeaway No.

Privacy 52

Privacy Social Media Advertising Advertising 52