Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” appeared first on Technology & Marketing Law Blog. Warner Bros.

False Advertising 83

False Advertising Government Privacy Designs 83

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

Technology & Marketing Law Blog

DECEMBER 31, 2021

In October 2020, the user posted 6 tweets attacking Brian Sheth , a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 111

Fair Use Blogging Marketing Marketing 111

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. 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. Callahan v. Section 230. ” (Tautology alert). FWIW, I raised this issue as a possible paper topic in 2008.

Advertising 91

Advertising Advertising Social Media Blogging 91

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. In these cases the Authors Guild says that pressure needs to be applied to search engines including market leader Google.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

JANUARY 15, 2024

We investigated the effects of Facebook’s and Instagram’s feed algorithms during the 2020 US election. “although exposure to content from like-minded sources on social media is common, reducing its prevalence during the 2020 US presidential election did not correspondingly reduce polarization in beliefs or attitudes” * Lucas v.

Social Media 65

Social Media Advertising Advertising Publishing 65

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. It also puts users’ privacy and security (including minors’!) at greater risk. 18, 2022 NetChoice LLC v.

Law 114

Law Social Media Government Privacy 114

IP Tech Blog

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California. 2020) (emphasis added). AMA Multimedia, LLC v. Wanat , 970 F.3d

Privacy 57

Privacy Trademark Advertising Advertising 57

LexBlog IP

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California. 2020) (emphasis added). AMA Multimedia, LLC v. Wanat , 970 F.3d

Privacy 52

Privacy Trademark Advertising Advertising 52

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. It is more common than not for an advertiser to contest the track the challenger has selected, and we are already seeing more appeals and more referrals from these new tracks. Randy Shaheen.

Advertising 52

Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Facebook appeared first on Technology & Marketing Law Blog.

Contracts 93

Contracts Social Media Advertising Advertising 93

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 105

Contracts Privacy Social Media Advertising 105

Michael Geist

APRIL 5, 2022

First, companies such as Facebook deserve much of the criticism that has come their way and there is a desperate need for stronger regulatory measures, most notably involving privacy, competition, taxation, and appropriate accountability for foreseeable harms that arise from the platforms. A sampling would include: AllNovaScotia. The Breach.

Government 103

Government Advertising Advertising Journalism 103

LexBlog IP

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past. Are you aware of the risks?

Social Media 52

Social Media Advertising Advertising Technology 52

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. Second, the substance Two items were on the agenda today, and they both involve FTC 6(b) studies.

Social Media 52

Social Media Reporting Journalism Advertising 52

Technology & Marketing Law Blog

DECEMBER 1, 2023

In particular, in 2020, the Trump administration tried to ban TikTok and WeChat. The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. It’s a brazen form of censorship, ousting one publisher from the market.

Social Media 81

Social Media Privacy Law Publishing 81

Technology & Marketing Law Blog

JANUARY 23, 2024

Doe declares that, on January 26, 2020, she was sexually assaulted during a massage at the San Jose franchised location. Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts.

Contracts 79

Contracts Blogging Advertising Advertising 79

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. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

Privacy 52

Privacy Technology Government Designs 52

LexBlog IP

MAY 6, 2022

And all signs indicate that the agency will initiate rulemaking on some as-yet-undefined privacy issues once (and if) Alvaro Bedoya gets confirmed as the fifth commissioner. One of the issues the FTC wants to explore is how to deal with subscriptions and negative options that are marketed via telemarketing.

Privacy 52

Privacy Marketing Marketing Business 52

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). .” This also weighs in favor of fair use (?). Amount taken.

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

Technology & Marketing Law Blog

JULY 14, 2021

” Finally, the court says the manipulated video wasn’t an advertisement because it didn’t solicit patronage of any particular good or service. Cook , 157550/2020 (N.Y. Cook appeared first on Technology & Marketing Law Blog. Case citation : Cisneros v. July 9, 2021).

Social Media 114

Social Media Blogging Law Advertising 114

43(B)log

AUGUST 17, 2021

provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” Ramirez gets further assimilated into the law. Blackbaud (good name!)

Privacy 59

Privacy Business Litigation Confidentiality 59

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

As for Twitter’s receipt of a benefit from the sex trafficking venture, the court says these allegations are good enough: the FAC contains detailed allegations about how Twitter monetizes content, including CSAM, through advertising, sale of access to its API, and data collection. California Constitution Invasion of Privacy.

Blogging 109

Blogging Publishing Social Media Advertising 109

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump.

Registration 69

Registration Government Advertising Advertising 69

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. Maybe not b/c TM is already so capacious. [TM TM and ROP, maybe.]

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 23, 2024

Do you still point out that Congress endorsed Rogers in 2020? Standing makes him nervous b/c of privacy. Privacy/consumer protection: FTC has jerry-rigged a guardianship of the public interest; California also passed a specific law with a specific agency (which Eric Goldman loves). Also, FTC and DOJ really matter.

Trademark 45

Trademark Law Branding Brands 45