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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

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. 4) Social media “defective design” lawsuits go forward.

Law 103
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Trademark Infringement in the Digital Age

IP and Legal Filings

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Dastar bars false marking claims brought under Lanham Act (dubitante)

43(B)log

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. A party pleading false marking claim under 35 U.S.C. §

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

43(B)log

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. However, USC submitted student selectivity data only for USC Rossier’s highly selective, in-person Ph.D.

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2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 114
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Green Washing Vis-A-Vis Green Trade Marks

IP and Legal Filings

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. The objective is to mislead the consumers knowing well the marketability of this concept. Another pertinent aspect is the effect of its disposal to the environment.