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

43(B)log

2022 WL 141561, No. 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. For example, it defeated Google+ in part because of privacy concerns, along with network effects. Facebook, Inc.,

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“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 135
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50 Cents of Endorsement: gossip blog plausibly D's agent for purposes of false endorsement, right of publicity

43(B)log

Kogan, 2022 WL 17582560, No. 12, 2022) Jackson, aka 50 Cent, is a famous artist. In mid-2022, “a celebrity gossip media outlet known as The Shade Room (TSR)” published an article titled “Penis Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan Speaks On It.”

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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. False Advertising. 2022 WL 4021776 (N.D. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008.

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Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Technology & Marketing Law Blog

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. Kogan , 2022 WL 17582560 (S.D. The complaint.

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WIPIP 2022, Session 7 (internet law/antitrust)

43(B)log

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. A: quite likely.

Law 119
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Look Back, Look Ahead: State Attorneys General Enforcement – Part One

LexBlog IP

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. The following summarizes our 10 key takeaways from 2021. Takeaway No. Takeaway No. Takeaway No.