Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap.

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Law Social Media Advertising Advertising 104

LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. Many clean rooms involve the advertiser and publisher uploading data into a platform where that data can then be matched and operated on.

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Privacy Advertising Advertising Publishing 52

IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. This article was written as a requirement for Prof.

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Marketing Marketing Personality Rights Intellectual Property Law 105

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. However, when it comes to development of law and policy around the creator economy, it’s critical that all stakeholders are brought to the table for discussions. It’s well-established that creators bring valuable content to platforms.

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Blogging Reporting Privacy Branding 91

LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. Blair is not yet admitted to practice law. This post was authored by C.

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Privacy Advertising Advertising Blogging 40

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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Privacy Government Intellectual Property Business 52

LexBlog IP

AUGUST 25, 2022

alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual internet users for marketing purposes. The outcome of this case may set a strong precedent for data collection and digital advertising across the board. Oracle America, Inc. ). .”

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Privacy Technology Advertising Advertising 40

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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Advertising Advertising Law Privacy 40

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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Advertising Advertising Settlement Contracts 64

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

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Marketing Marketing Social Media Personality Rights 40

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

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Marketing Marketing Advertising Advertising 98

TorrentFreak

JULY 18, 2022

VPNs are valuable tools for people who want to use the Internet securely with decent privacy. anti-abortion laws have increased the interest in privacy services as potential criminal penalties come into play. One of the problems, however, is that not all VPN services take privacy seriously. From the letter.

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Privacy Advertising Advertising Reporting 130

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. For similar reasons, the common law claim fails. The court rejects both claims. ” Intrusion Into Seclusion. Or even 900+?

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Privacy False Advertising Contracts Advertising 136

Technology & Marketing Law Blog

DECEMBER 3, 2023

Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to violate sexual privacy; Amazon’s Dangerous Products Team inspected its lithium-ion battery; and the Fulfillment-by-Amazon team inspected it as well. ’ All advertised uses are foreseeable uses.”

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Advertising Advertising Marketing Marketing 105

LexBlog IP

OCTOBER 20, 2022

Although a bit dated, a 2019 blog in Comaritech gives a good background on what geofencing is and what privacy concerns it presents. The blog, What is geofencing, how does it work, what are the privacy concerns? All of those apps have your permission to track your every move and sell that information to other companies.

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Privacy Blogging Advertising Advertising 40

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

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Privacy Personality Rights Advertising Advertising 97

IPilogue

FEBRUARY 2, 2022

Bonnie Hassanzadeh is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the Osgoode Intellectual Property Law & Technology Intensive Program, I had the wonderful opportunity of completing a 10-week internship at AstraZeneca Canada (“AstraZeneca”).

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Business Privacy Intellectual Property Law Advertising 106

IPilogue

AUGUST 24, 2021

Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. The 2018 privacy investigation only fuels the antitrust quagmire. Make history”.

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Privacy Advertising Advertising Marketing 106

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. Regulation of Political Advertising (2022 Edition).

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Editing Social Media Blogging Advertising 90

TorrentFreak

JULY 29, 2024

The marketing and framing of this utopian vision relied on the relative naivety of most internet users. That advertising online wasn’t so passive, and over the next two decades would in some cases become an abusive, privacy-destroying nightmare, certainly wasn’t mentioned up front as part of the deal.

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Copyright Publishing Copyright Law Privacy 121

Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. It lost for two reasons: one grounded in contract law and the other external. Can a breach of contract claim be equivalent to copyright?

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Blogging Contracts Fair Use Copyright Law 127

The IP Law Blog

OCTOBER 26, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc. decided Sep.

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Law IP Intellectual Property Business 67

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

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.

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Advertising Advertising Marketing Marketing 123

Olartemoure Blog

JULY 28, 2022

07/28/22 – Data Privacy. Colombia’s Data Privacy authority recently announced measures for personal data protection aimed at data controllers and processors. The above shows the intention to protect the fundamental right of habeas data in all arenas, given it extends to all digital advertising campaigns. .

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Intellectual Property Privacy Advertising Advertising 105

Technology & Marketing Law Blog

AUGUST 26, 2022

“Plaintiffs’ right of publicity claims seek to impose liability for Defendants’ use of their identities in creating advertisements on the Website.” If that’s not the law, then Google Search categorically doesn’t qualify for Section 230. ” Publisher/Speaker Claims. Third-Party Content.

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Advertising Advertising Blogging Reporting 88

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. But the cases go back and forth on this.]

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Law Privacy False Advertising Social Media 59

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. I love this point.]

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Trademark False Advertising Advertising Advertising 59

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.

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Cease and Desist Privacy Technology Litigation 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 119

IP and Legal Filings

NOVEMBER 23, 2023

Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] 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.

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Intellectual Property Privacy Branding Brands 100

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. Kogan appeared first on Technology & Marketing Law Blog.

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Social Media False Advertising Advertising Advertising 118

Technology & Marketing Law Blog

JUNE 20, 2024

Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. ” Attorneys’ Fees. Implications. Be Careful!–Khachatryan

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Social Media Copyright Licensing Advertising 100

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 74

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” Preemption of Common Law Claim. Common Law Prima Facie Case. Facebook appeared first on Technology & Marketing Law Blog.

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Advertising Advertising Law Marketing 104

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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Intellectual Property Registration Trademark Personality Rights 98

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement.

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