Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? That could include things like driver’s licenses or other government-issued documents that contain substantial additional sensitive personal information beyond the person’s age. Two key differences.

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Designs Design Privacy Business 94

LexBlog IP

JULY 15, 2021

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space. designed with machine learning to assist children in educational learning by moving and performing tasks). So how do we balance these risks with the benefits?

Privacy 52

Privacy Marketing Marketing Designs 52

LexBlog IP

MAY 4, 2023

Threat actors may design their malware to target a particular online platform, including building in more sophisticated forms of account compromise than what you’d typically expect from run-of-the-mill malware.” ” With any new technology comes new risk.

Privacy 40

Privacy Reporting Designs Design 40

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

AUGUST 22, 2022

One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC). AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The AADC requires businesses to adopt protective practices for children.

Privacy 128

Privacy Business Blogging Publishing 128

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. The breaches were related with the absence of informed consent for the processing of personal data collected on web pages, the absence of information regarding the processing of personal data, and the establishment of a default option to obtain the informed consent granted by the data subjects.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

LexBlog IP

SEPTEMBER 14, 2021

In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

Privacy 52

Privacy Cease and Desist Government Reporting 52

TorrentFreak

JUNE 14, 2024

As the owner of Denuvo, perhaps the most hated anti-piracy tech currently on the market, it probably didn’t come as a surprise. “Irdeto.com and it’s related assets (such as text, website design, and images) is our copyrighted corporate website. With no blanket of redactions, no wall-to-wall privacy service, Irdeto.fr

Copyright 89

Copyright Privacy Reporting Copying 89

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

Reporting 52

Reporting Privacy Designs Design 52

Traverse Legal Blog

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. Companies using Meta Pixel and similar tracking technologies increasingly face legal scrutiny.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

Patently-O

JUNE 7, 2023

The company’s substantial business activities in Texas, which include marketing, selling, and servicing the accused products, did not significantly impact the 1404(a) jurisprudence in this case. In 2022, Virtru Corporation sued Microsoft for infringing three of its data privacy patents: US8589673, US8874902, and US9578021.

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Litigation Privacy Patent Infringement Patent 113

Technology & Marketing Law Blog

JULY 8, 2022

Each of these claims seek to “fault[ ] [Snap] for information provided by [a] third part[y]”—messages and photos sent by Guess-Mazock to Doe. Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. Section 230 provides Snap with immunity from these claims.

Social Media 105

Social Media Designs Design Privacy 105

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

IPilogue

MARCH 15, 2023

The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. Ethics and Systems Design The IEEE Standard Model Process for Addressing Ethical Concerns during System Design is also frequently cited.

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Government Designs Design Settlement 104

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. Companies using Meta Pixel and similar tracking technologies increasingly face legal scrutiny.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 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). Google , which recognized property interest in personal information). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 134

IP Intelligence

MARCH 21, 2023

In evaluating specific use cases, the following questions should be asked: What types of information are employees disclosing in prompts to the generative AI tool? By design, generative AI improves upon its technology by incorporating user prompts in its training data. What low-risk uses can the company endorse?

Intellectual Property 95

Intellectual Property Confidentiality IP Copyright Infringement 95

Technology & Marketing Law Blog

MAY 17, 2024

Here, because X is willing to sell the same data, the primary interest appears to be rooted in a desire to be paid for the use of information, closely mirroring copyright law’s objectives. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. The post X Corp.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Designs 52

Designs Design Editing Patent Application 52

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

AUGUST 19, 2021

New Balance claims that Michael Kors’ use of a letter ‘N’ on footwear is confusingly similar to New Balance’s trade mark and trade-dress protected design of its sneakers. Other Class 46 blog shared information on a new initiative by the Chinese government. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 60

Blogging IP Privacy Reporting 60

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy.

Privacy 91

Privacy Contracts Marketing Marketing 91

Technology & Marketing Law Blog

JULY 19, 2021

TransUnion’s watch list was designed to help businesses avoid transacting with people who were on the restricted list run by Treasury Department’s Office of Foreign Assets (OFAC). The key question is whether the plaintiffs had suffered “concrete harm,” which is informed by history and tradition.

Privacy 131

Privacy Reporting Copyright Business 131

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. In any event, the report does provide at least some additional insights that may help marketers to avoid unlawful dark patterns. First up are the design elements that induce false beliefs.

Reporting 52

Reporting Privacy Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

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. Volvo likes to call this system BLIS or Blind Spot Information System. [7] IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE).

Privacy 52

Privacy Technology Government Designs 52

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. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

NOVEMBER 25, 2022

Why would any healthcare worker think it’s appropriate to send a diagnosis to anyone other than the patient or a person designated by the patient? I can think of a few potential privacy claims. Community Health appeared first on Technology & Marketing Law Blog. Who does that?

Confidentiality 82

Confidentiality Privacy Blogging Reporting 82

IP Tech Blog

FEBRUARY 22, 2022

However, The Competition and Markets Authority ( CMA ), the UK regulator responsible for the enforcement of consumer protection legislation, has taken an interest in this area because these clauses and surrounding practices can be problematic from a consumer law perspective if they are not drafted well or conducted properly. The Guidance.

Law 62

Law Contracts Business Marketing 62

LexBlog IP

MARCH 21, 2023

In evaluating specific use cases, the following questions should be asked: What types of information are employees disclosing in prompts to the generative AI tool? By design, generative AI improves upon its technology by incorporating user prompts in its training data. What low-risk uses can the company endorse?

Intellectual Property 59

Intellectual Property Confidentiality IP Copyright Infringement 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Trading Secrets

JUNE 28, 2022

As regular readers of this blog are well aware, the CFAA provides that “[w]hoever … intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer … shall be punished” by fine or imprisonment.”

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

Canadian Intellectual Property Blog

JUNE 10, 2020

In Canada, the use of an individual’s image can be unlawful where: (a) an individual’s name, reputation, or likeness is commercially exploited; or (b) an individual’s right to privacy has been violated These wrongs are actionable under the tort of appropriation of personality and provincial privacy torts. 13 C.P.R. (2d)

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

Velocity of Content

SEPTEMBER 29, 2022

Even if someone has not heard of standards, they have none the less benefited from their outcomes through enhanced design, development, and service technologies. These formulas are generally referred to as “standards.”. video, audio) are becoming more dominant.

Technology 98

Technology Intellectual Property Privacy Designs 98

TorrentFreak

JULY 13, 2023

Over time, several hundred domains reappeared online with similar branding, but none were as relevant or persistent as those previously removed from the market. had rebranded simply because it had grown tired of its old domain and liked the idea of a fresh design, was implausible at best.

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Branding Brands Branding Registration 85

TorrentFreak

NOVEMBER 13, 2022

Under powers inherited from the Ministry of Communications, telecoms regulator Anatel (Agência Nacional de Telecomunicações) together with movie group Ancine (Agência Nacional do Cinema) will also implement an internet blocking system designed to disrupt IPTV pirates’ ability to do business. New Methodology For Calculating Fines.

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Cinema Television Reporting Privacy 91

LexBlog IP

AUGUST 25, 2023

Based on the information available and the belief in its accuracy, One-Stop Game Solution is operating under the name GGC Industries to gain access to the Southern Amusement & Entertainment Expo. .” Their product range includes board, nudge, skill, redemption, and amusement games.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Business 52