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

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. Finally, in April 2023, 19 U.S.

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Marketing Marketing Advertising Advertising 98

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.

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Reporting Privacy Advertising Advertising 52

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.

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Intellectual Property IP Confidentiality Privacy 52

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!

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Blogging IP Advertising Advertising 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. Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read.

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Law Advertising Advertising Privacy 97

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

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Contracts Advertising Advertising Privacy 73

SpicyIP

FEBRUARY 13, 2023

vs Sotkon Sp Slu on 30 January, 2023 (Delhi High Court) Delhi High Court dismissed an appeal against the impugned order and held the Appellant prima facie guilty of contempt for continuing to supply garbage bins to Gandhinagar Municipal Corporation, in violation of an interim injunction dated October 2021. .) & Ors.

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Designs Design Trademark Cease and Desist 52

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 138

The IPKat

JULY 13, 2021

In early June, the University of Illinois Chicago School of Law ’s Center for Intellectual Property, Information, and Privacy Law organized and hosted its 12th Annual Ethics in the Practice of IP Law virtual seminar. Gene shared two anecdotes concerning the need to keep OED aware of a change of address.

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Law Reporting IP Privacy 74

TorrentFreak

MARCH 31, 2023

More than 15 years later, judges in dozens of countries have not only approved blocking injunctions that target static sites but are also happy to hand down flexible orders designed to rapidly counter new domains, proxies, and mirrors. While that may be considered a plus, customers and privacy advocates may be less pleased with other details.

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IP Reporting Confidentiality Privacy 131

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. When we finalized our dataset in early 2021, we found 62 opinions.

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Publishing Government Contracts Law 95

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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IP Intellectual Property Copyright Trademark 143

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Rothschild began selling his METABIRKINS NFTs in December 2021. NFTs also may embody or use trademarks. His NFT sales have reportedly surpassed $1.1

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Rothschild began selling his METABIRKINS NFTs in December 2021. NFTs also may embody or use trademarks. His NFT sales have reportedly surpassed $1.1

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Trademark Non-Fungible Tokens Intellectual Property Branding 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. In recent weeks, over a thousand companies have received these letters, which cover a variety of advertising and marketing practices, including endorsements , business opportunities and for-profit education claims.

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Advertising Advertising Marketing Marketing 52

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Topical Highlight. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 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.

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Government Advertising Advertising Journalism 99

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations.

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Advertising Advertising Trademark Settlement 99

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

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Personality Rights Privacy Social Media Copyright 61

43(B)log

SEPTEMBER 28, 2021

2021 WL 4134839, No. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. This situation is different from the websites in Network Automation and Playboy , which were clearly distinguished with ad designations.

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False Advertising Privacy Advertising Advertising 72

SpicyIP

SEPTEMBER 20, 2021

We informed our readers that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine” on September 22, 2021. The deadline for submission is 20th November, 2021.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 87

Technology & Marketing Law Blog

MAY 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. McManus ruling, which rejected some mandatory disclosures about political advertising. Applying the Scrutiny Level.

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Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. In 2007, the Ninth Circuit in Perfect 10 v. I even agree with the latter point!) Case citation : Hepp v. Facebook , Nos. 20-2725 & 2885 (3d Cir.

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Intellectual Property Trademark Marketing Marketing 133

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. Defective design (along the lines of Lemmon v.

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Blogging Publishing Social Media Advertising 109

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media 105

Social Media Government Designs Design 105

IP and Legal Filings

DECEMBER 21, 2022

Therefore, it is important that the government has the necessary tools to protect the privacy of our information. Due to the nature of social media, various legal issues have been raised regarding its privacy and protection. Other issues include defamation and advertising law [1]. It has also become a platform for cybercrime.

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Social Media Law Government Privacy 78

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.

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Social Media Reporting Journalism Advertising 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Strain, No. 22-30236 (5th Cir. Kochava, Inc.,

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Social Media Privacy Advertising Advertising 72