43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. What Does the Book Cover?

Editing 52

Editing Advertising Advertising False Advertising 52

LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” For more information and to register, click here.

Advertising 52

Advertising Advertising Marketing Marketing 52

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. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 144

Privacy False Advertising Contracts 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

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

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.

Branding 105

Branding Brands Branding Personality Rights 105

IPilogue

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. French privacy rights group La Quadrature du Net alleged in 2018 that Amazon manipulates customer data for commercial purposes vis-à-vis choosing what advertising information the customers gain exposure to.

Privacy 105

Privacy Advertising Advertising Marketing 105

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.”

Advertising 116

Advertising Advertising Marketing Marketing 116

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. Apple, Inc.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

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.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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.

Advertising 128

Advertising Advertising Marketing Marketing 128

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.

Privacy 52

Privacy Advertising Advertising Publishing 52

LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience.

Advertising 52

Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. Arati Prabhakar, the Director of the White House Office of Science and Technology Policy, highlighted key issues the administration continues to prioritize, including bias, discrimination, data privacy, and worker displacement.

Blogging 119

Blogging Reporting Privacy Branding 119

Technology & Marketing Law Blog

JANUARY 22, 2023

. “Ratermann’s claims are, indisputably, based on these Defendants’ allegedly unlawful ‘dissemination’ of her likeness and nothing more… Even if Defendants ‘used’ Ratermann’s likeness ‘for advertising purposes,’ that does not defeat the protection of Section 230.” Remo , Franklin v.

Privacy 111

Privacy Intellectual Property IP Intellectual Property Law 111

IPilogue

FEBRUARY 2, 2022

I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective. I began my internship at a very exciting time for privacy law in Canada. On September 22, 2021, Quebec’s Bill 64, received Royal Assent.

Business 105

Business Privacy Intellectual Property Law Advertising 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. Kogan appeared first on Technology & Marketing Law Blog.

Social Media 130

Social Media False Advertising Advertising Advertising 130

TorrentFreak

AUGUST 30, 2021

Amidst growing concerns about online privacy and security, VPN services have become increasingly popular in recent years. The movie companies further allege that VPN customers are engaged in other types of “outrageous conduct” under this privacy shield, including racist comments, child pornography, and even committing murder.

Copyright Infringement 145

Copyright Infringement Privacy Copyright Copying 145

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.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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

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. .

Intellectual Property 105

Intellectual Property Privacy Advertising Advertising 105

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.

Privacy 52

Privacy Government Intellectual Property Business 52

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.

Advertising 119

Advertising Advertising Blogging Reporting 119

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. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

Privacy 40

Privacy Advertising Advertising Blogging 40

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Until the resources provided by the Ministry of Science, Technology and Innovation have been exhausted, this line of credit will be open. . Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Design 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.” I think this is true, but note that it may be impossible to market the database without providing an explanation of what it contains. Third-Party Content.

Advertising 98

Advertising Advertising Blogging Reporting 98

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

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.

Marketing 98

Marketing Marketing Advertising Advertising 98

TorrentFreak

JULY 27, 2022

VPN services are a useful tool to protect internet users’ online privacy. While this often goes against the terms of service, some VPNs openly advertise this feature. ” That implies that there’s a huge market for its new blocking capability but there are also downsides to consider. Blocking Geo-Pirates.

IP 144

IP Privacy Advertising Advertising 144

Technology & Marketing Law Blog

OCTOBER 29, 2021

Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Amazon appeared first on Technology & Marketing Law Blog. Modified Clickwrap” Upheld In Court–Moule v. TransUnion. ProFlowers.

Contracts 105

Contracts Privacy Blogging Litigation 105

Technology & Marketing Law Blog

DECEMBER 11, 2021

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. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 111

Advertising Advertising Social Media Blogging 111

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

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Who needs new privacy laws if the Unruh Act already bans most ad targeting? * * * Liapes claims she wanted to buy life insurance.

Law 98

Law Advertising Advertising Marketing 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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.”

Advertising 64

Advertising Advertising Settlement Contracts 64

TorrentFreak

OCTOBER 11, 2023

Stakeholders Unite The call to fellow stakeholders appears in the MPA’s recommendations for the USTR’s annual overview of notorious piracy markets. The USTR is mostly interested in the actual notorious markets, however, which are also described in detail in the MPA’s submission. net, Dy2018.com, IO Registry –.CC

Advertising 126

Advertising Advertising Marketing Marketing 126

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 119

Social Media Ownership Business Branding 119