Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“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. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

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. Brand owners have already begun to catch up. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The Spectacular Failure of Employee Social Media Privacy Laws. The court also found “Ms.

Social Media 99

Social Media Ownership Branding Brands 99

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

FEBRUARY 19, 2022

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

Law Branding Brands Branding 119

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. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 98

Artwork Trademark Publishing Marketing 98

Intepat

FEBRUARY 7, 2023

Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg. Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., – Data protection and privacy issues. – Jurisdictional issues.

IP 52

IP Law Invention Licensing 52

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 116

Ownership IP Non-Fungible Tokens Technology 116

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

FEBRUARY 23, 2024

Standing makes him nervous b/c of privacy. What you’re seeing is cross-licensing/branding. Maybe sponsorship/affiliation reflects what brands are doing and how consumers think. If we listened to what brands actually do and what consumers actually see, they see Nike x Common, the dual branding is all over it.

Trademark 45

Trademark Law Branding Brands 45