Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Who Cares About Privacy?

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. 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.

False Advertising 98

False Advertising Government Privacy Designs 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Technology & Marketing Law Blog

JANUARY 19, 2023

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.” Despite Doe v. LEXIS 5481 (C.D.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Branding 105

Branding Brands Branding Personality Rights 105

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 105

Blogging False Advertising Litigation Marketing 105

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. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

SpicyIP

SEPTEMBER 20, 2021

Furthermore, he highlights that the court took due notice of the strong presence of the defendants in the market and delayed infringement action brought by the plaintiffs, and thereby indirectly applying the clean hands doctrine.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising.

Trademark 59

Trademark False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). CV-21-01700-PHX-SPL (D. The same results followed for the defamation claims.

Designs 59

Designs Design Privacy Blogging 59

43(B)log

AUGUST 27, 2024

The survey explained to respondents what was happening; they could click on and read the Plaid privacy policy before going forward. Duelling marketing experts also mostly got in. PNC’s marketing expert opined that Plaid benefited from the usage of PNC’s marks and that Plaid’s usage of PNC’s marks harmed PNC’s brand.

Branding 52

Branding Brands Branding False Advertising 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] It’s market definition. There is some exception for actions immediately surrounding death or moment of burial. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. It’s really offensive.

Advertising 126

Advertising Advertising Trademark Settlement 126

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Privacy deception should be avoided, and offers and interactions should be transparent about price and key benefits.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

APRIL 27, 2022

Under California law, the right of privacy protects against injury to the feelings/peace of mind, and Indiana and Ohio courts have indicated that their statutory rights also stem from the common-law right of privacy. Would a court in an ordinary false advertising case be so willing to find potential deception?

Privacy 72

Privacy Advertising Advertising False Advertising 72

43(B)log

SEPTEMBER 28, 2021

Luxy also allegedly infringed plaintiffs’ copyrights by copying their terms of use and privacy policy and by using plaintiffs’ trademark “SA” in the description of its privacy policies. On the other hand, because Seeking is on Google Play, confusion is also more likely there because of the similarity of marketing channels.

False Advertising 56

False Advertising Privacy Advertising Advertising 56

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) TM law should facilitate disclosure or it will fall behind market. Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). Q: endgame? Christopher S.

Social Media 40

Social Media Fair Use Advertising Advertising 40

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 25, 2023

There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. Marketing studies: what TM thinks of as related products, TM is much more expansive than consumer behavior—things have to be really close together for consumers to care. New market entry opportunities?

Trademark 72

Trademark Marketing Marketing Advertising 72

Technology & Marketing Law Blog

FEBRUARY 20, 2025

As a general legal counsel, my work covers a bit of everything, but I mostly focus on privacy and compliance matters for some of my large clients who operate applications in the U.S. ” “Hi, I’m [name], a Gen Z with a small marketing and web design business. I think the People and the Free Market should decide.”

Blogging 52

Blogging Business Advertising Advertising 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access.

Law 91

Law Branding Brands Branding 91

Technology & Marketing Law Blog

OCTOBER 14, 2024

The State’s amended complaint in Cause PL-401 alleges that, in its privacy policy, TikTok has omitted information on which a reasonable person would likely rely in deciding whether to download and access the app—namely, that the government of China would have access to TikTok’s collected personal data.

False Advertising 105

False Advertising Advertising Advertising Contracts 105

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. In 2021, a judge rejected several California counties’ challenges to opioid medication marketing materials. 5: Marketing to Minors. Takeaway No.

Privacy 52

Privacy Social Media Advertising Advertising 52