Contracts False Advertising Privacy 
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.
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. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Oops.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Technology & Marketing Law Blog
DECEMBER 9, 2022
Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.
43(B)log
JUNE 26, 2023
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 use of another’s advertising idea in your “advertisement”; or g.
Technology & Marketing Law Blog
APRIL 27, 2024
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
Normally trademark owners aren’t third-party beneficiaries of that contract. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Per Malwarebytes , the online marketplace should qualify for Section 230 protection for the Lanham Act false advertising claims).
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. Defendants counterclaimed for payment and damages for breach of contract and bad faith.
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