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Unreasoned Orders for Personality Rights

IP and Legal Filings

Consequently, courts in India must either base their recognition of personality rights on common law or constitutional principles, which leaves several questions unanswered. For example, can personality rights be viewed as an extension of the right to privacy? FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

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. ” [This is the most coveted payload for trademark owners.

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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

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

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Fourteenth Trademark Scholars' Roundtable, part 3 (Evidence)

43(B)log

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. 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!