Remove Business Remove Contracts Remove False Advertising Remove Privacy
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Advertising injury policy's IP exclusion means ROP claims aren't covered

43(B)log

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. The court concluded that the ROP is an intellectual property right.

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

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. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., collectively.” .…

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

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. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 119
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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Normally trademark owners aren’t third-party beneficiaries of that contract. Who Cares About Privacy?

Trademark 138
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IPSC Opening Plenary Session

43(B)log

3) reasonable measures to safeguard privacy interests. (4) Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). 57% say sellers could be liable for false etc. Did they influence how you advertise? FTC and FDA think this already!

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WIPIP 2022, Session 7 (internet law/antitrust)

43(B)log

The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. It’s ok for businesses to do most profitable things.

Law 119