Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

Social Media 104

Social Media Designs Design Privacy 104

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. It seems like any privacy lover should vigorously and publicly oppose those requirements.

Law 103

Law Social Media Advertising Advertising 103

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

Patently-O

JUNE 7, 2023

The company’s substantial business activities in Texas, which include marketing, selling, and servicing the accused products, did not significantly impact the 1404(a) jurisprudence in this case. In 2022, Virtru Corporation sued Microsoft for infringing three of its data privacy patents: US8589673, US8874902, and US9578021.

Litigation 115

Litigation Privacy Patent Infringement Patent 115

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

SEPTEMBER 14, 2021

In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

Privacy 52

Privacy Cease and Desist Government Reporting 52

Trading Secrets

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

Reporting 52

Reporting Privacy Designs Design 52

43(B)log

FEBRUARY 19, 2022

Business frame obscures broader privacy harms. If monopoly power is shown, which is possible, and barriers to entry, and significant network effects, FB might be monopoly; there are also attempted monopolization claims which don’t require as much market power, only a dangerous probability of success. A: it is a dynamic market!

Law 119

Law Branding Brands Branding 119

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). 09/22/22 – Industrial Designs. 09/22/22 – Trademarks and Consumer Protection. Original source in Spanish. 09/22/22 – Consumer Protection.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

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. Kochava, Inc., 2023 WL 3249809 (D.

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

JANUARY 13, 2024

Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

Social Media 68

Social Media Reporting Designs Design 68

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. California voters passed a terrible privacy law in November 2020. Apple’s Client-Side Scanning Plans. issue 2, Nov.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

MAY 17, 2024

In 2022, in ML Genius v. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. The post X Corp.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

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

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor – Gardner v.

Artwork 98

Artwork Trademark Publishing Marketing 98

LexBlog IP

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 99

Social Media Ownership Branding Brands 99

TorrentFreak

NOVEMBER 13, 2022

Under powers inherited from the Ministry of Communications, telecoms regulator Anatel (Agência Nacional de Telecomunicações) together with movie group Ancine (Agência Nacional do Cinema) will also implement an internet blocking system designed to disrupt IPTV pirates’ ability to do business. New Methodology For Calculating Fines.

Cinema 89

Cinema Television Reporting Privacy 89

43(B)log

JANUARY 25, 2022

Platinum LED Lights LLC, 2022 WL 204414, No. 24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). CV-21-01700-PHX-SPL (D. And they are not providing the customers with anything new with an act like that.”

Designs 59

Designs Design Privacy Blogging 59

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Technology & Marketing Law Blog

JULY 20, 2022

” The court says: Omegle could have satisfied its alleged obligation to Plaintiff by designing its product differently—for example, by designing a product so that it did not match minors and adults. Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.

Blogging 117

Blogging Designs Design Editing 117

TorrentFreak

JANUARY 2, 2023

In a submission to the European Commission in early 2022, LaLiga called out around 20 IPTV services and 30 streaming sites. The goal of the submission was to have some or all of these applications named in the EU’s Counterfeiting and Piracy Watch List 2022. On December 22, 2022, Investigating Court No.

Reporting 132

Reporting Copyright Television Government 132

Technology & Marketing Law Blog

NOVEMBER 25, 2022

Why would any healthcare worker think it’s appropriate to send a diagnosis to anyone other than the patient or a person designated by the patient? I can think of a few potential privacy claims. Community Health appeared first on Technology & Marketing Law Blog. Who does that? Case Citation : Z.D. 3d 330 (Oct.

Confidentiality 81

Confidentiality Privacy Blogging Reporting 81

Velocity of Content

SEPTEMBER 29, 2022

Even if someone has not heard of standards, they have none the less benefited from their outcomes through enhanced design, development, and service technologies. Friberg 2022). These formulas are generally referred to as “standards.”. video, audio) are becoming more dominant. content providers.

Technology 98

Technology Intellectual Property Privacy Designs 98

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

Fair Use 136

Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media 90

Social Media Ownership Contracts Privacy 90

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.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The court even finds fault with the way the hyperlink is presented: A web designer must do more than simply underscore the hyperlinked text in order to ensure that it is sufficiently ‘set apart’ from surrounding text. Lawyers who advise website designers and companies, take note!

Contracts 111

Contracts Designs Design Law 111

LexBlog IP

APRIL 18, 2022

The time has come for the agency to bring its first case using the Rule, and the first case belongs to Lithionics Battery, a company that designs and sells battery management system products. Keep that in mind, as the agency has recently kicked off two new rulemakings and will likely initiate some sort of privacy rulemaking in 2022.

Social Media 52

Social Media Marketing Marketing Settlement 52

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. I posted the 2022 version. Privacy Review: 16 C.F.R. Part 312, the Children’s Online Privacy Protection Act’s Regulations Overview of the E.U.’s Pharmatrak (1st Cir.) MySpace (5th Cir.)

Editing 52

Editing Law Contracts Privacy 52

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services. See the amicus brief discussing free speech limits on the rights of publicity and privacy filed by the Motion Picture Association in Elster.)

Registration 74

Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

OCTOBER 9, 2023

Who needs new privacy laws if the Unruh Act already bans most ad targeting? * * * Liapes claims she wanted to buy life insurance. If the ads were self-service, Facebook “approved” the ads only in the sense that its system was designed not to require human review or approval of ads. 2022 WL 20680402 (Cal.

Law 87

Law Advertising Advertising Marketing 87

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. The Defendant on the other hand relied on the exception of the lack of novelty of the Plaintiff’s design and argued that there are many designs similar to the Plaintiff’s design.

Designs 52

Designs Design Trademark Cease and Desist 52