LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. Many clean rooms involve the advertiser and publisher uploading data into a platform where that data can then be matched and operated on.

Privacy 52

Privacy Advertising Advertising Publishing 52

Technology & Marketing Law Blog

JANUARY 15, 2024

District of Columbia , 2023 WL 5964764 (D.C. City of Delray Beach, 2023 WL 6037456 (S.D. Manteca, 2023 WL 3833367 (Cal. June 6, 2023): Breitenbucher “liked” comments and an article in a public forum, Facebook. Newman, 2023 WL 2645555 (5th Cir. Marigot Beach Club and Dive Resort, 2023 WL 2743305 (D.

Social Media 68

Social Media Advertising Advertising Publishing 68

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

Technology & Marketing Law Blog

DECEMBER 3, 2023

Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to violate sexual privacy; Amazon’s Dangerous Products Team inspected its lithium-ion battery; and the Fulfillment-by-Amazon team inspected it as well. ’ All advertised uses are foreseeable uses.”

Advertising 108

Advertising Advertising Marketing Marketing 108

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected. .”

Privacy 40

Privacy Reporting Designs Design 40

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 94

Privacy Contracts Marketing Marketing 94

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 93

Editing Social Media Blogging Advertising 93

TorrentFreak

DECEMBER 1, 2023

New Lawsuit, New Determination Filed at a Washington court early August 2023, a new complaint alleging copyright infringement, breaches of the DMCA, and civil RICO violations, among others, targeted up to 50 developers, marketers, customer support staff, and sellers of Destiny 2 cheating software offered by Ring-1.

Public Domain 110

Public Domain Copyright Infringement Privacy Reporting 110

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 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. Note: The responses below were received in 2023.

Privacy 139

Privacy IP Technology Reporting 139

The TTABlog

MAY 11, 2023

90044987 (May 1, 2023) [not precedential] (Opinion by Judge Peter W. There was no evidence regarding applicant's marketing expenditures, the extent of exposure of its advertising, its sales figures, number of customers, market share, unsolicited media coverage, or intentional copying. Welch 2023.

Privacy 63

Privacy Marketing Marketing Advertising 63

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 92

False Advertising Social Media Publishing Advertising 92

IP Tech Blog

JUNE 23, 2023

2023 WL 3781649 (C.D. May 2, 2023) once again confirms that for a court to retain specific personal jurisdiction over a defendant, that defendant must have expressly aimed the allegedly infringing behavior at the forum. Defendant also included references to potentially applicable privacy laws, including those of California.

Privacy 57

Privacy Trademark Advertising Advertising 57

LexBlog IP

JUNE 23, 2023

2023 WL 3781649 (C.D. May 2, 2023) once again confirms that for a court to retain specific personal jurisdiction over a defendant, that defendant must have expressly aimed the allegedly infringing behavior at the forum. Defendant also included references to potentially applicable privacy laws, including those of California.

Privacy 52

Privacy Trademark Advertising Advertising 52

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

Herbert Smith Freehills

MAY 29, 2023

She has extensive experience advising Chinese growth and large tech clients on mergers and acquisitions, private equity investments, capital markets, joint ventures and corporate restructurings in both China and internationally. Justina's appointment is effective on 1 June 2023. 张卫华律师的任命自2023年6月1日生效。 2.

Advertising 52

Advertising Advertising Privacy Journalism 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee. LEXIS 23688 (S.D.

Contracts 78

Contracts Advertising Advertising Privacy 78

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The horror!

Cease and Desist 91

Cease and Desist Blogging Contracts Privacy 91

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 91

Litigation Contracts Advertising Advertising 91

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 3] CS (COMM) 652 of 2023. [4]

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market). I’ll keep you posted about the outcome.

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 92

Blogging False Advertising Litigation Marketing 92

SpicyIP

FEBRUARY 13, 2023

Geeta Kewalani on 2 February, 2023 (Delhi High Court) Delhi High Court relying on ‘Laxmikant V Patel v Chetanbhai Shah’ passed an interim injunction restraining the Defendant from using the mark “Foot Locker”. After the Supreme Court ruling in Toyota v. Case: Foot Locker Retail, Inc vs Smt.

Designs 52

Designs Design Trademark Cease and Desist 52

The IP Law Blog

OCTOBER 26, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc. decided Sep.

Law 67

Law IP Intellectual Property Business 67

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. However, 2023 seems good for Google, thus far.

Trademark 59

Trademark Publishing Journalism Copyright 59

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

OCTOBER 26, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc.

Law 52

Law IP Intellectual Property Business 52

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Solicitor General to file a brief on Genius’s petition, and in May 2023, she did so. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 95

Blogging Contracts Copyright Law Copyright 95

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

JANUARY 22, 2023

. “Ratermann’s claims are, indisputably, based on these Defendants’ allegedly unlawful ‘dissemination’ of her likeness and nothing more… Even if Defendants ‘used’ Ratermann’s likeness ‘for advertising purposes,’ that does not defeat the protection of Section 230.” Remo , Franklin v.

Privacy 96

Privacy Intellectual Property IP Intellectual Property Law 96

TorrentFreak

OCTOBER 11, 2023

Stakeholders Unite The call to fellow stakeholders appears in the MPA’s recommendations for the USTR’s annual overview of notorious piracy markets. The USTR is mostly interested in the actual notorious markets, however, which are also described in detail in the MPA’s submission. now uses video streaming API vidsrc.to.

Advertising 109

Advertising Advertising Marketing Marketing 109

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” 2023 WL 6210901. Google changed its privacy policy to collect all “public” data (viz., TOU at 6-7. ” TOU at 1. at 976-977. StabilityAI exploded.

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Who needs new privacy laws if the Unruh Act already bans most ad targeting? * * * Liapes claims she wanted to buy life insurance.

Law 91

Law Advertising Advertising Marketing 91

Technology & Marketing Law Blog

JANUARY 23, 2024

Massage Envy Franchising, LLC , 2023 WL 8801517 (Court of Appeal, 6th District California). 2023) 90 Cal.App.5th Mizzen and Main LLC , 2023 WL 9022723 (M.D. The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. The first is Jane Doe #1 v.

Contracts 84

Contracts Blogging Advertising Advertising 84

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

Technology & Marketing Law Blog

DECEMBER 1, 2023

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. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

Social Media 85

Social Media Privacy Law Publishing 85