Patently-O

JULY 19, 2023

It is common for litigation to assert both. Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. Should rights vest only for commercial exploitation or is there a privacy interest to protect?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

Advertising 111

Advertising Advertising Social Media Blogging 111

Technology & Marketing Law Blog

OCTOBER 29, 2021

The court says this is the end of the road for Nicosia: [t]here must be an end to litigation someday, and free, calculated deliberate choices are not to be relieved from. __. Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. TransUnion. Is That Surprising?–Long

Contracts 105

Contracts Privacy Blogging Litigation 105

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case.

Contracts 111

Contracts Privacy Social Media Advertising 111

The IPKat

JANUARY 30, 2022

4iP - Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation - 17 February 2022 4iP will hold a webinar on 17 February 2022 (4:00pm, CET) about a paper that will soon be published by Dr. Igor Nikolic, "Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation". The registration for the event can be made here.

Privacy 72

Privacy Intellectual Property Registration Litigation 72

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.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 119

Advertising Advertising Law Marketing 119

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

Social Media 119

Social Media Ownership Business Brands 119

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

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. & Prof.

Contracts 119

Contracts Social Media Advertising Advertising 119

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

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

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. ” Publisher/Speaker Claims.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 131

Blogging Law Contracts Cease and Desist 131

The IP Law Blog

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. 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 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. McManus ruling, which rejected some mandatory disclosures about political advertising. Applying the Scrutiny Level.

Social Media 116

Social Media Law Blogging Publishing 116

Technology & Marketing Law Blog

JULY 5, 2022

Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. We don’t see a lot of 512(h) litigation, so I don’t expect this scenario to come up often, but it’s nice to know that services have this option.

Fair Use 115

Fair Use Plagiarism Copyright Marketing 115

TorrentFreak

APRIL 27, 2022

Through these processes we target all relevant intermediaries that have customer information that can help us identify the operator of a pirate site or service, including hosting providers, payment processors, advertising networks, etcetera.” “Private individuals are entitled to their personal privacy, of course.

Cease and Desist 98

Cease and Desist Privacy Business Law 98

LexBlog IP

JANUARY 4, 2022

More importantly, it helps to prevent misunderstandings and false expectations that can lead to a breakdown in your customer relationship, jeopardize projects, or even worse, result in litigation. text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); }); Starting with a form is just OK.

Contracts 52

Contracts Business Confidentiality Privacy 52

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

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. This leaves us with a rather deep split of authorities.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

LexBlog IP

APRIL 19, 2023

Data Privacy Data privacy may eventually create a path to protection but this will not come easy. And state or federal laws are unlikely to restrict use of publicly available songs on privacy grounds. ” White v. Samsung Elecs. 2d 1395, 1400 (9th Cir. ” Roberts v.

Music 52

Music Privacy Social Media Copyright 52

LexBlog IP

OCTOBER 25, 2021

And after this one, I promise to make them far less about me and far more about what’s going on at the Federal Trade Commission (FTC), and occasionally other consumer protection and privacy enforcement agencies.

Blogging 52

Blogging Privacy Advertising Advertising 52

IP Tech Blog

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California.

Privacy 57

Privacy Trademark Advertising Advertising 57

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. In recent weeks, over a thousand companies have received these letters, which cover a variety of advertising and marketing practices, including endorsements , business opportunities and for-profit education claims.

Advertising 52

Advertising Advertising Marketing Marketing 52

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.]

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

AUGUST 17, 2021

Customer Data Breach Litig., This litigation followed. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. In re Blackbaud, Inc., 3:20-mn-02972-JMC, MDL No. 2972, 2021 WL 3568394 (D.S.C.

Privacy 59

Privacy Business Litigation Confidentiality 59

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. RT: Litigated cases about influencers might have the contracts as part of the record. Video games: want motion capture.

Fair Use 45

Fair Use Contracts Litigation Copying 45

LexBlog IP

JANUARY 10, 2022

The maximum penalty amount is precisely that – if the FTC (or the DOJ) is litigating against you in federal court, that’s the maximum they can seek per violation. ” And contrast that with a 2019 COPPA matter that alleged a company unlawfully collected persistent identifiers for the purpose of serving behavioral advertising.

Settlement 52

Settlement Blogging Privacy Law 52

43(B)log

APRIL 7, 2023

Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Keller: Americans don’t much trust regulations or regulators, and we have scar tissue around litigation—if the rule is a little bit ambiguous someone will litigate and that will cost a lot of money.

Art 45

Art Copyright Settlement Privacy 45

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. That sounds like describing a standard, though, especially given litigation incentives, as Glynn Lunney has written.] If we don’t have surveys, what do we have? TM and ROP, maybe.]

Trademark 49

Trademark Brands Branding Branding 49

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Google changed its privacy policy to collect all “public” data (viz.,

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

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. Also, product shots have been a constant source of copyright litigation.

Trademark 144

Trademark False Advertising Advertising Advertising 144

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

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