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

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug.

Editing 91

Editing Social Media Blogging Advertising 91

LexBlog IP

APRIL 18, 2022

In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which led at least one commissioner to dissent because that definition “exceeds our statutory grant of rulemaking authority.” ” (The definition is broad and states that labeling includes “any materials.

Social Media 52

Social Media Marketing Marketing Settlement 52

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. Scope and magnitude matter.

Reporting 52

Reporting Privacy Advertising Advertising 52

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir.

Fair Use 132

Fair Use Privacy Copyright Technology 132

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 101

Social Media Ownership Branding Brands 101

Technology & Marketing Law Blog

AUGUST 2, 2022

It hurts the kids by depriving them of valuable social outlets and educational resources; it hurts adults by requiring age (and likely identity) verification to sort the kids from adults; and the age/identity verification hurts both kids and adults by exposing them to greater privacy and security risks. What the Bill Says. Child = under 18.

Social Media 88

Social Media Privacy Designs Design 88

IP and Legal Filings

OCTOBER 18, 2022

The Nepal Privacy Act was passed in September 2018. The Privacy Act, which implemented the constitutional right to privacy, had a big influence on how personal information was used legally. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. [Sorry it’s take me this long to get this blog post off my desk.

Designs 81

Designs Design Privacy Business 81

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. LEXIS 23688 (S.D.

Contracts 76

Contracts Advertising Advertising Privacy 76

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 140

Privacy Designs Design Business 140

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. As of the current time, there is no prescribed definition of this terminology. INTRODUCTION. WHAT IS A FINTECH.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Technology & Marketing Law Blog

MARCH 10, 2022

Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. The Spectacular Failure of Employee Social Media Privacy Laws. SF Design Group. Fredman Design Group. Tito & Tita appeared first on Technology & Marketing Law Blog. Christou v.

Social Media 82

Social Media Contracts Ownership Business 82

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. It’s market definition. The definition expanded far beyond packaging/display. Color, product design.

Registration 52

Registration False Advertising Advertising Advertising 52

Kluwer Copyright Blog

MAY 22, 2023

Among many other things, such as security, social morality, unfair competition, data accuracy and privacy, the draft Regulation turns to two specific copyright aspects that are addressed in Article 7, namely providers’ liability for IP violations, and access to copyright-protected materials for data training.

Licensing 98

Licensing IP Copyright Reporting 98

Technology & Marketing Law Blog

JUNE 14, 2024

“there is only a tenuous connection between, on the one hand, Defendants’ design, operation, and promotion of the platforms and, on the other, a minor user’s decision to destroy or deface school property. ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?”

Social Media 72

Social Media Publishing Designs Design 72

LexBlog IP

JANUARY 19, 2023

” Adams joined a competing truss business within three months of closing. The Court noted “the buyer’s valid concerns about monetizing its purchase do not support restricting the seller from competing in other industries in which the buyer also happened to invest in prior to the acquisition.”

Business 52

Business Ownership Blogging Designs 52

Technology & Marketing Law Blog

AUGUST 24, 2022

Furthermore, by disregarding the compliance costs, the CPPA has denigrated/trivialized the important, complicated, and smart work of thousands of privacy professionals. Eshoo), are opposing any federal privacy law that would preempt the CPRA. Because we have such stellar privacy regulation here? MCGA / #DefundCPPA.

Privacy 122

Privacy Blogging Business Government 122

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. 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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JANUARY 10, 2024

Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. ” It’s not a close call in my mind.

Social Media 86

Social Media Law Contracts Designs 86

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A short-form trademark security agreement which avoids the disclosure of terms of the loan is also recommended while filing documents in the USPTO to protect the privacy of the debtor. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

Technology & Marketing Law Blog

MAY 30, 2023

The case involves Vital Pharmaceuticals, which markets “performance energy drinks” a/k/a drinks that accelerate your death. Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 82

Social Media Ownership Marketing Marketing 82

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

NOVEMBER 15, 2023

With rising concern about the potential for market consolidation in this area, the Order also instructs the federal agencies that are developing AI-related policies and regulations to promote fair competition in the AI market.

Privacy 40

Privacy Intellectual Property Government Technology 40

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

Technology & Marketing Law Blog

MAY 25, 2022

By engaging in this content moderation, the platforms develop particular market niches, foster different sorts of online communities, and promote various values and viewpoints. Nevertheless, the panel says that the plaintiffs can still make a showing on remand that this requirement is unduly burdensome. .”

Social Media 100

Social Media Law Blogging Publishing 100

Technology & Marketing Law Blog

JULY 20, 2022

. “Omegle is a website and comfortably fits the definition.” ” The court says: Omegle could have satisfied its alleged obligation to Plaintiff by designing its product differently—for example, by designing a product so that it did not match minors and adults. ” Publisher/Speaker Claims. It’s not.

Blogging 119

Blogging Designs Design Editing 119

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.

IP 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

AUGUST 11, 2023

Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! Bleacher Report couldn’t have put millions of user emails into the “to” field–that would have been a privacy failure and would have led to a truly legendary “reply all” fiesta. Facebook, Inc., May 16, 2023).

Contracts 74

Contracts Law Reporting Blogging 74

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 101

Copying Copyright Law Copyright Social Media 101

Technology & Marketing Law Blog

NOVEMBER 1, 2021

He concludes: “There is still a great deal of room for new developments to improve the safety, security, privacy, reliability and utility of the internet.” And the reason community is so important to me is because, to me, the definition of community is being part of something that’s larger than ourselves. ” Chris Cox.

Journalism 104

Journalism Government Technology Privacy 104