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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

43(B)log

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.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

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both being on an app store and not being on an app store make confusion likely

43(B)log

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. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).

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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use?

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [Does this create an affirmative obligation to include images?

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