2024, Marketing and Privacy - Intellectual Property Pulse

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. 2024 WL 559591 (N.D. Case citation : Hawkins v.

Privacy

Privacy Litigation Marketing Marketing

FTC Prohibits X-Mode Social/Outlogic from Selling Sensitive Location Data

LexBlog IP

JANUARY 10, 2024

” The FTC alleged that the privacy policies did not inform consumers about how their location data would be used, which entities would receive the data and did not obtain informed consent to obtain access to sensitive location data.

Privacy

Privacy Settlement Marketing Marketing

Sunday Surprises

The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses. For details, click here.

Intellectual Property

Intellectual Property IP Registration Privacy

Learning About the Business of Healthcare and Innovation: My Internship Experience at AstraZeneca Canada

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team.

Business

Business Privacy Contracts Confidentiality

Denuvo Owner Shuts Down Clone Sites, Perpertrators Seem Up For a Chase

TorrentFreak

JUNE 14, 2024

As the owner of Denuvo, perhaps the most hated anti-piracy tech currently on the market, it probably didn’t come as a surprise. With no blanket of redactions, no wall-to-wall privacy service, Irdeto.fr Registered on January, 28, 2024, Irdeto.fr “We are writing to you from Irdeto B.V. (‘Irdeto’).

Copyright

Copyright Privacy Reporting Copying

adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 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. And the exclusion also withdrew coverage for all related forms of marketing. 21-63-JJM-PAS (D.R.I.

Advertising

Advertising Advertising Settlement Contracts

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

APRIL 28, 2023

If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Default Privacy Settings. Enforce published terms, policies, and community standards established by the business, including but not limited to privacy policies and those concerning children.” Enforcement is limited to the MN AG.

Copying

Copying Designs Design Blogging

Copyright and the meta-regulation of intermediary services and artificial intelligence

Kluwer Copyright Blog

JUNE 13, 2024

Photo by Chris Spiegl on Unsplash The EU laws on digital services ( Digital Services Act – DSA ) and artificial intelligence (AI Act, cited here according to EP document P9_TA(2024)0138 of 13 March 2024) are intended to ensure safety and trustworthiness on the Internet and in dealing with AI.

Copyright

Copyright Copyright Law Art Copyright Infringement

The Dongle Budget: What Prioritizing a Common Cell Phone Charging Port Says About Canadian Digital Policy

Michael Geist

MARCH 29, 2023

The budget also promises notable privacy reform involving political parties with changes to the Elections Act. There are no details on precisely what is coming, but that could represent a long-overdue change to ensure that political parties are subject to binding privacy obligations.

Privacy

Privacy Government Intellectual Property Marketing

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

APRIL 22, 2024

In fact, on 11 January 2024, Barcelona Commercial Court number 9 handed down what is indeed the first judgment in Spain in a case where NFTs and copyright are at a crossroads. Findings of the Court The long-awaited judgment of 11 January 2024 of Barcelona Commercial Court number 9 dismisses the Authors’ complaint in its entirety.

Copyright

Copyright Artwork Moral Rights Non-Fungible Tokens

2023 Internet Law Year-in-Review

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. Despite these obvious issues, the privacy community has been conspicuously quiet about age authentication. Musk has bridged that gap. IP & Innovation L.

Law

Law Social Media Advertising Advertising

Have You Properly Locked Your Domain Portfolio?

Corsearch

NOVEMBER 8, 2023

It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. Music Community Organization phase opens October 16, 2023 and will close March 10, 2024. General Availability begins April 9, 2024. What is Registry Lock?

Music

Music Privacy Branding Brands

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

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. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

Artwork

Artwork Trademark Publishing Marketing

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In

Social Media

Social Media Ownership Designs Design

Copyright, Upcycling, and the Human Right to Environmental Protection

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright

Copyright Copyright Law Business Intellectual Property

UK Science, Innovation and Technology Committee Report on AI

The IPKat

AUGUST 31, 2023

Privacy: AI can allow individuals to be identified and personal information about them to be used in ways beyond what the public wants. Open-Source: Requiring code to be openly available may promote transparency and innovation; allowing it to be proprietary may concentrate market power but allow more dependable regulation of harms.

Reporting

Reporting Technology Intellectual Property Government

Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts

Contracts Advertising Advertising Privacy

Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels

Technology & Marketing Law Blog

FEBRUARY 1, 2024

Case Citation : In re Meta Healthcare Pixel Litigation , 2024 WL 333883 (N.D. 29, 2024) The post Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels appeared first on Technology & Marketing Law Blog.

Law

Law Litigation Technology Blogging

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 15, 2024

.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. the California Consumer Privacy Act is a prime example of GDPR spillover. sections 230 and 512 is, understandably, subject to debate.

Blogging

Blogging Due Diligence Designs Design

EU’s Approach to Data and AI Continues to Evolve

LexBlog IP

NOVEMBER 28, 2023

Taken together with other EU digital and privacy regulations – such as the Digital Services Act, Digital Operational Resilience Act and General Data Protection Regulation – the interlocking effect of such regulation will be challenging to navigate. 1] [link] [2] [link] [3] [link] [4] [link]. [5] 5] [link]

Intellectual Property

Intellectual Property Marketing Marketing Technology

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

MARCH 25, 2024

March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH appeared first on Technology & Marketing Law Blog. Case Citation : X Corp. Center for Countering Digital Hate, Inc. , 3:23-cv-03836-CRB (N.D.

Litigation

Litigation Contracts Advertising Advertising

Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy

Privacy Designs Design Business

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Technology & Marketing Law Blog

JUNE 14, 2024

June 7, 2024) * * * The October 2023 State Court Opinion Denying the Social Media Defendants’ Motion to Dismiss the Minors’ Claims [I’m now going to share my “raw” 3k word draft of my blog post on this court’s October 2023 refusal to dismiss the teenagers’ cases. Superior Ct. Snap and Dyroff.]

Social Media

Social Media Publishing Designs Design

Sunday Surprises

The IPKat

DECEMBER 3, 2023

The conference is set to take place on 13 and 14 June 2024 at the University of Alicante. The deadline to submit the proposals is set on the 28 February 2024. The Chair is launching a Call for Papers , addressed to anyone interested in presenting during the conference in relation to any of the topics. More information here.

Privacy

Privacy Copyright Related Rights Marketing

Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. Warner Bros.

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Case Citation : Keebaugh v. Warner Bros.

False Advertising

False Advertising Government Privacy Designs

Copyright Office as Pivot Between Copyright Holders and AI-Service Providers

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright

Copyright Fair Use Copyright Law Editing

Tubi’s TOS Formation Fails–Campos v. Tubi

Technology & Marketing Law Blog

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. The plaintiff cited disclosures in Tubi’s privacy policy as evidence of Tubi’s VPPA violations, but at the same time the plaintiff’s position is that those disclosures were insufficient to get consumer consent.

Registration

Registration Privacy Contracts Blogging

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 23, 2024

— Simply put, consumers in 2024 have two options: 1) acquiesce to a systemic regime that requires them to waive their constitutional rights with every online transaction, or 2) have no access to the world of digital commerce, or even to access services that have an online or digital component. But the fact that some do is appalling.

Contracts

Contracts Blogging Advertising Advertising

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

Technology & Marketing Law Blog

JANUARY 10, 2024

9, 2024) Selected Related Blog Posts * Louisiana’s Age Authentication Mandate Avoids Constitutional Scrutiny Using a Legislative Drafting Trick–Free Speech Coalition v. Bonta * Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional * Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski

Social Media

Social Media Law Contracts Designs

2023 Quick Links: Censorship

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

Social Media Reporting Designs Design

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 25, 2024

2024 WL 251406 (N.D. 23, 2024) The short version of the facts are as follows: Bright Data, headquartered out of Israel, is one of the largest web-scraping companies in the world. Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping.

Blogging

Blogging Contracts Cease and Desist Confidentiality

EU AI Act Proposal and Regulation of Financial Services

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Social Media

Social Media Marketing Marketing Government

Oops, I sampled again… The meaning of ‘pastiche’ as an autonomous concept under EU copyright law

Kluwer Copyright Blog

MAY 20, 2024

The paper has been accepted for publication in 55(8) IIC – International Review of Intellectual Property and Competition Law (2024). More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. Our pre-print manuscript is available via SSRN.

Copyright Law

Copyright Law Law Copyright Derivative Work

EU AI Act Proposal and Regulation of Financial Services

LexBlog IP

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Government

Government Designs Design Law

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives

43(B)log

APRIL 7, 2023

Digital Single Market was supposed to harmonize rules. Non-VLOPs who may not be paying attention to Europe and aren’t obligated until 2024: don’t know how many of them are thinking about this. It’s possible that they’ll stay out for a while but it’s a big market so it will stay attractive. Arcamona: Rule that became Art.

Art

Art Litigation Law Reporting

The Non-Compete Ban: Impact on Patenting and Challenging Implementation

Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). The studies are all pre-DTSA and expansion of privacy and trade secrecy protection regimes across corporate culture.

Patent

Patent Confidentiality Business Marketing

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

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

Registration Government Advertising Advertising

Intellectual Property Pulse

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

FTC Prohibits X-Mode Social/Outlogic from Selling Sensitive Location Data

Trending Sources

Sunday Surprises

Learning About the Business of Healthcare and Innovation: My Internship Experience at AstraZeneca Canada

Denuvo Owner Shuts Down Clone Sites, Perpertrators Seem Up For a Chase

adult venue's insurer did not successfully exclude ads from ad injury coverage

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Copyright and the meta-regulation of intermediary services and artificial intelligence

The Dongle Budget: What Prioritizing a Common Cell Phone Charging Port Says About Canadian Digital Policy

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

2023 Internet Law Year-in-Review

Have You Properly Locked Your Domain Portfolio?

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Copyright, Upcycling, and the Human Right to Environmental Protection

UK Science, Innovation and Technology Committee Report on AI

Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves

Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

EU’s Approach to Data and AI Continues to Evolve

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Sunday Surprises

Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. Warner Bros.

Copyright Office as Pivot Between Copyright Holders and AI-Service Providers

Tubi’s TOS Formation Fails–Campos v. Tubi

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

2023 Quick Links: Censorship

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

EU AI Act Proposal and Regulation of Financial Services

Oops, I sampled again… The meaning of ‘pastiche’ as an autonomous concept under EU copyright law

EU AI Act Proposal and Regulation of Financial Services

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives

The Non-Compete Ban: Impact on Patenting and Challenging Implementation

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

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