IPilogue

MARCH 22, 2023

Privacy Misrepresentation According to the Federal Trade Commission (FTC) release , BetterHelp requires a questionnaire that asks for sensitive mental health information – “such as whether they have experienced depression or suicidal thoughts and are on any medications” – along with personal information.

Advertising 40

Advertising Advertising Privacy Settlement 40

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Patently-O

JULY 19, 2023

Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. While typical privacy rights focus on personal interests and one’s peace of mind, the right of publicity is more economic and commercial in nature.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Until the resources provided by the Ministry of Science, Technology and Innovation have been exhausted, this line of credit will be open. . Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. Spelling-Goldberg Prods.,

Personality Rights 84

Personality Rights Privacy Trademark Law False Advertising 84

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

TorrentFreak

SEPTEMBER 21, 2023

Earlier this week, several websites associated with brands that were targeted by U.S. These domains were registered through Njalla, which advertises itself as the “world’s most notorious privacy provider for domains.” ” Privacy doesn’t mean that domains will remain online at all costs though.

Privacy 100

Privacy Government Advertising Advertising 100

LexBlog IP

AUGUST 25, 2022

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and implement a CCPA compliance program. My office is watching, and we will hold you accountable.”

Privacy 40

Privacy Settlement Advertising Advertising 40

TorrentFreak

MARCH 1, 2024

While accessing blocked websites and communicating in relative privacy is now fairly common, the government would like sites carrying “illegal information” to remain inaccessible. Advertising and recommendations help to quickly spread the news but for Moscow, that’s unacceptable and needs to change.

Government 115

Government Privacy Publishing Law 115

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Second, the right to privacy, which protects individuals from having their identities disclosed to the public without their consent. Puttaswamy v.

Personality Rights 78

Personality Rights Privacy Moral Rights Copyright 78

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

SpicyIP

JULY 9, 2021

Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008. ” Limitation of Liability.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 105

Advertising Advertising Law Marketing 105

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 100

Social Media Ownership Branding Brands 100

TorrentFreak

JANUARY 18, 2022

Historical visitors to the VPNLab.net website were previously greeted with the kind of message associated with many privacy-focused services. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

Law 100

Law Advertising Advertising Privacy 100

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

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. The reader is simply left to speculate.

Reporting 52

Reporting Privacy Advertising Advertising 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. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Debate over television series based on real events: ‘biopics’ and honor, privacy and publicity rights.

Blogging 52

Blogging IP Advertising Advertising 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. 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

IP and Legal Filings

MAY 17, 2024

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

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

SpicyIP

FEBRUARY 13, 2023

CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues. Thus, there is no question of invasion of privacy or personal information of a third party being sought. Ltd for disobeying the Palbociclib interim injunction.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

DECEMBER 1, 2022

Designer Brands Inc. Leinenweber; District Judge Joan B. Gottschall; District Judge John Robert Blakey. Claims: Infringement. Defendant: At Home Stores LLC. The Buckle, Inc. Shoe Show, Inc. Carter’s, Inc. Dick’s Sporting Goods, Inc. Johnny Was, LLC. lululemon athletica Inc. Plaintiff: Consolidated Transaction Processing LLC.

Reporting 40

Reporting Litigation Patent Privacy 40

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 88

False Advertising Social Media Publishing Advertising 88

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

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties.

Artwork 99

Artwork Trademark Publishing Marketing 99

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Death closes things off. To fix suboptimal postmortem allocations.

Registration 52

Registration False Advertising Advertising Advertising 52

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

Kluwer Copyright Blog

JANUARY 26, 2022

Nevertheless, emerging technologies – not only blockchain but also cloud computing, machine learning, edge computing, differential privacy, and AI, for instance – are clearly shifting towards more decentralized solutions. Jack Dorsey tweeted another provocative idea the next day. This time in the form of a warning: “You don’t own “web3.”

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117