Patently-O

FEBRUARY 12, 2023

by Dennis Crouch Rights to use a person’s Name-Image-and-Likeness or NIL generally fall within two categories of intellectual property: rights of publicity and rights of privacy. Rights of privacy can also protect against misappropriation of NIL — typically under the guise of an invasion-of-privacy claim. Defamation.

Privacy 117

Privacy False Advertising Advertising Advertising 117

Barry Sookman

DECEMBER 5, 2021

Computer and Internet Weekly Updates for 2021-11-27 [link] 2021-11-28. 'Out 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02.

Database Right 57

Database Right Privacy Copyright Law Advertising 57

IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. What did Target do with this information? It mailed her coupons for baby clothes and cribs.

Social Media 106

Social Media Advertising Advertising Privacy 106

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Top 10 Most Read IPilogue Articles Published in 2021.

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IP Copyright Infringement Inventor Intellectual Property 106

JIPEL Copyright Blog

MAY 3, 2021

Michael Costanza filed a $100 million lawsuit against Jerry Seinfeld, Larry David (the show’s co-creator), and NBC for invasion of privacy, defamation, and being cast in a false light. Specifically, sections 50 and 51 of New York’s Civil Rights Law provide the only basis for a right of privacy in the state. This is where it gets juicy.

Privacy 52

Privacy Advertising Advertising Television 52

LexBlog IP

OCTOBER 8, 2021

To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Myth #4: Surveillance advertising is necessary to support free services.

Privacy 52

Privacy Advertising Advertising Television 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

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Law Social Media Advertising Advertising 102

JIPEL Copyright Blog

MARCH 30, 2021

What does the “data” in data privacy mean? In the data privacy context, most people likely think of things like one’s name, email address, phone number and so on, all of which is correct. In June 2018, California enacted the California Consumer Privacy Act (CCPA). But might the definition stretch even further?

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Privacy Law Business Advertising 40

IPilogue

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. The $887 million fine is almost triple the amount of General Data Protection Regulation (GDPR) fines ($322 million) issued by all of Europe’s regulators combined up to the start of 2021.

Privacy 106

Privacy Advertising Advertising Marketing 106

IPilogue

FEBRUARY 2, 2022

I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective. I began my internship at a very exciting time for privacy law in Canada. On September 22, 2021, Quebec’s Bill 64, received Royal Assent.

Business 106

Business Privacy Intellectual Property Law Advertising 106

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

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Editing Social Media Blogging Advertising 88

LexBlog IP

OCTOBER 1, 2021

text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); }); __ATA.initDynamicSlot({. id: ‘atatags-26942-61574ddc03974’, location: 120, formFactor: ‘001’, label: {. reportAd: {. text: ‘Report this ad’, }, privacySettings: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

TorrentFreak

DECEMBER 1, 2023

Bungie’s interest in individuals linked to Destiny 2 cheat maker and distributor, Ring-1, became public in 2021. Defendants also use privacy protection services to hide their names and contact information from the public domain name WHOIS database.”

Public Domain 108

Public Domain Copyright Infringement Privacy Reporting 108

LexBlog IP

JULY 8, 2021

The apps advertised that they provided cryptomining services for a fee, but no services existed. According to the FTC, between October 2020 and March 2021, close to 7,000 individuals reported that they lost more than $80 million in cryptocurrency scams. On top of that, if they have anything to do with cryptocurrency, BEWARE !

Privacy 40

Privacy Advertising Advertising Reporting 40

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. 2021 WL 5050079 (N.D.

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Advertising Advertising Social Media Blogging 90

TorrentFreak

NOVEMBER 19, 2023

CTAM wanted to combat an escalating content piracy industry that was robbing legitimate content creators of their intellectual property and risking the privacy and safety of content users. The Blacklight Privacy Inspector had a look at StreamSafely.com and reported back with its findings. million in revenue vs. $4.56

Marketing 100

Marketing Marketing Privacy Intellectual Property 100

LexBlog IP

JULY 26, 2023

46/2021 Electronic Transactions and Trust Services. 46/2021: Enhancing Trust and Facilitating Electronic Transactions Federal Decree-Law No. 46/2021 focuses on promoting electronic transactions, investment, and the provision of electronic services to the public. 46/2021 and Federal Law No. Federal Decree-Law No.

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Business Advertising Advertising Contracts 52

43(B)log

FEBRUARY 22, 2022

Robinhood Financial LLC, 2021 WL 6882392, No. 8, 2021) Plaintiffs alleged that unauthorized third parties were able to access approximately 2,000 Robinhood customers’ accounts and deplete their funds due to Robinhood’s insufficient security measures. Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. In October 2020, the Department of Justice and eleven state attorneys general jointly filed a lawsuit against Google, aiming to curb the company’s monopolistic control in the search engines and search advertising markets.

Marketing 98

Marketing Marketing Advertising Advertising 98

LexBlog IP

NOVEMBER 17, 2022

The Staff Report is derived from a virtual workshop the FTC held in April 2021 addressing user interfaces across websites and mobile apps. The FTC published helpful guidance on tackling dark patterns through the Staff Report and 2021 Enforcement Policy Statement.

Privacy 52

Privacy Reporting Advertising Advertising 52

SpicyIP

JULY 9, 2021

Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. Recently, in Krishna Kishore Singh v. Rajagopal v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

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Advertising Advertising Marketing Marketing 121

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Click on the image to see the animation.

Contracts 104

Contracts Privacy Social Media Advertising 104

LexBlog IP

FEBRUARY 27, 2023

Participation: In the past two years, the number of FTC referrals for nonparticipation or noncompliance is down considerably, with only two referrals in 2022 and four in 2021 (whereas in prior years we would see about 10 referrals).

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Reporting Privacy Advertising Advertising 52

The IP Law Blog

JUNE 10, 2021

Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem.

Privacy 85

Privacy Music Law Advertising 85

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Debate over television series based on real events: ‘biopics’ and honor, privacy and publicity rights. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

Amazon, 2021 U.S. Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). When I first read the court’s most recent order, I predicted a return trip to the Second Circuit for Mr. Nicosia.

Contracts 82

Contracts Privacy Blogging Litigation 82

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. The Bay has since removed the image from all advertising. Roderique’s Response. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

TorrentFreak

APRIL 22, 2024

In 2021, more than 900,000 users downloaded the app through Google Play, in Spain alone. The privacy implications alone could cause huge headaches, as LaLiga is well aware; a 250,000 euro fine for turning fans phones into piracy spying devices should’ve been an instant reminder, logically at least. .

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Copying Television Reporting Privacy 88

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

The court dismisses the claim because there’s probably no privacy interest in yearbook photos, and publishing them isn’t sufficiently offensive. 2021 WL 4245359 (D. RocketReach, LLC , 2021 WL 4282700 (N.D. Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Implications. Whitepages.

Publishing 87

Publishing Privacy Reporting Copying 87

Selvam & Selvam Blog

APRIL 5, 2023

With the abolishment of the Intellectual Property Appellate Board in 2021, cases previously filed with or pending before the IPAB have been transferred to the High Courts. Practitioners have long wished for a separate IP division in High Courts. It then became imperative to establish a separate IP division in the High Courts.

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

TorrentFreak

JANUARY 18, 2022

Historical visitors to the VPNLab.net website were previously greeted with the kind of message associated with many privacy-focused services. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

Law 97

Law Advertising Advertising Privacy 97

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

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Privacy IP Technology Reporting 136

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. The reader is simply left to speculate.

Reporting 52

Reporting Privacy Advertising Advertising 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee.

Contracts 73

Contracts Advertising Advertising Privacy 73

Michael Geist

OCTOBER 2, 2023

As I posted back in May 2021 , the government’s approach was to apply Canadian broadcast law to everyone: any audio or video service anywhere in the world, including news sites, podcasts, audiobooks and adult sites. Yet internally, officials knew that the bill applied to far more than just large Internet streamers.

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Registration Social Media Confidentiality Government 145