Technology & Marketing Law Blog

DECEMBER 14, 2022

Kogan made a similar post to her account : MedSpa and Kogan published the photo other times as well. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control.

Social Media 119

Social Media False Advertising Advertising Advertising 119

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” Publisher/Speaker Claims. “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. ” Cite to Opperman v. ” Cite to Opperman v. Third-Party Content. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v.

Artwork 100

Artwork Trademark Publishing Marketing 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.”

IP 75

IP Advertising Advertising Copyright 75

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. Blog Posts.

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

AUGUST 26, 2022

” Publisher/Speaker Claims. “Plaintiffs’ right of publicity claims seek to impose liability for Defendants’ use of their identities in creating advertisements on the Website.” Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Third-Party Content. Whitepages.

Advertising 89

Advertising Advertising Blogging Reporting 89

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 123

Advertising Advertising Marketing Marketing 123

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. 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 89

False Advertising Social Media Publishing Advertising 89

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 94

Advertising Advertising Social Media Blogging 94

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

LexBlog IP

NOVEMBER 17, 2022

You may think “dark patterns” connote bad behavior, of which you (the marketer or seller of gadgets or gigabytes) would never engage, but it covers a host of marketing techniques (several of which are noted above) that are subject to both existing and forthcoming laws and regulations. Why do they matter to you?

Privacy 52

Privacy Reporting Advertising Advertising 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. Second, the claims may fail because of the UGC publishers’ terms of service (called the “TOS”).

Publishing 97

Publishing Government Contracts Law 97

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy.

Blogging 128

Blogging Contracts Fair Use Copyright Law 128

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 67

Social Media Advertising Advertising Publishing 67

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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 139

Trademark False Advertising Advertising Advertising 139

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Ancestry doesn’t qualify for Section 230 for 2 independent reasons: “while the yearbook publishers originated the content that Ancestry used to create its database, and the yearbooks were provided by third parties, Ancestry alone is responsible for posting the material on its website after it receives the records from others.”

Publishing 90

Publishing Privacy Reporting Copying 90

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. As a result, authors and the publishing industry as a whole hemorrhage large amounts of revenue each year,” they write.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 102

Privacy Marketing Marketing Social Media 102

TorrentFreak

JANUARY 8, 2024

Caveats Create Niche Market FAST’s main quid pro quo is the installation of an official app through which viewing takes place. For the sake of privacy, if any exists, some chunks are redacted. In short, users see DAZN channels directly from Pluto TV’s servers but with no advertising whatsoever.

Advertising 106

Advertising Advertising Copyright Copyright Infringement 106

Technology & Marketing Law Blog

FEBRUARY 14, 2024

” Publisher/Speaker Claim. But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. .'” Third-Party Content.

Contracts 76

Contracts Advertising Advertising Privacy 76

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

Personality Rights 77

Personality Rights Intellectual Property Social Media Intellectual Property Law 77

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof.

Contracts 95

Contracts Social Media Advertising Advertising 95

Herbert Smith Freehills

MAY 29, 2023

She has extensive experience advising Chinese growth and large tech clients on mergers and acquisitions, private equity investments, capital markets, joint ventures and corporate restructurings in both China and internationally. Justina was recognised as an "A-List lawyer" by China Business Law Journal in 2022.

Advertising 52

Advertising Advertising Privacy Journalism 52

Technology & Marketing Law Blog

JUNE 14, 2024

.” With respect to Section 230, the court starts: Defendants’ alleged conduct has been enabled by a federal statute that withdraws the availability of common law remedies for a favored class of publishers of content. The court throws a whole stack of precedent back at this argument, including Wozniak v. It also mucks a key point.

Social Media 72

Social Media Publishing Designs Design 72

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

SpicyIP

NOVEMBER 8, 2023

I am not even wading into the Bogus Open Access Journals and The dark side of the scientific publishing industry ). I recommend reading Nikhil’s 3-part post examining the Sci-hub case and Divij’s post examining Sci-Hub and the Disruption of the Academic Publishing Industry. Swaraj’s post is on this point.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

MAY 6, 2022

And all signs indicate that the agency will initiate rulemaking on some as-yet-undefined privacy issues once (and if) Alvaro Bedoya gets confirmed as the fifth commissioner. One of the issues the FTC wants to explore is how to deal with subscriptions and negative options that are marketed via telemarketing.

Privacy 52

Privacy Marketing Marketing Business 52

Technology & Marketing Law Blog

JULY 5, 2022

The photos were already published, which weighs in favor of fair use. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 97

Fair Use Plagiarism Copyright Marketing 97

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. A reminder: like this bill, the Communications Decency Act from 1996 required online publishers to use age verification to restrict minors’ access to constitutionally protected speech.

Social Media 144

Social Media Privacy Law Government 144

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service. TR argued that it only republishes already-published information.

Privacy 103

Privacy Blogging Advertising Advertising 103

Technology & Marketing Law Blog

DECEMBER 9, 2022

And while I may disagree with many of the published opinions that interpret the CFAA and the law of online contracts, the longer I observe this space, the less that I find them surprising. Most of the laws that apply to web scraping are well established with a long history of legal precedent to support them.

Blogging 119

Blogging Law Contracts Cease and Desist 119

SpicyIP

FEBRUARY 13, 2023

CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues. Thus, there is no question of invasion of privacy or personal information of a third party being sought. Khan Chacha Hyderabadi Biryani and Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

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. From that perspective, all those cases seem very similar: plaintiffs asking to enforce form agreements prohibiting mass copying of their websites’ published data.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.” Harper & Row Publishers, Inc. Both involved accessing, copying, and publishing content against the wishes of the website host. TOU at 6-7.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

Technology & Marketing Law Blog

JANUARY 22, 2023

” Publisher/Speaker Claim. “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.”

Privacy 94

Privacy Intellectual Property IP Intellectual Property Law 94