LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

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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. Jump to a Section: What is Data Privacy? Data Privacy versus Data Security? Common Threats to Data Privacy.

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Privacy Government Intellectual Property Business 52

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.”

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

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Law Social Media Advertising Advertising 102

LexBlog IP

OCTOBER 20, 2022

Although a bit dated, a 2019 blog in Comaritech gives a good background on what geofencing is and what privacy concerns it presents. The blog, What is geofencing, how does it work, what are the privacy concerns? All of those apps have your permission to track your every move and sell that information to other companies.

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Privacy Blogging Advertising Advertising 40

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.

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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.

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Privacy Reporting Designs Design 40

Olartemoure Blog

SEPTEMBER 23, 2022

The credit line will grant loans of up to USD 450,000 for projects related to the Bioeconomy at an interest rate of 1% for small and medium-sized businesses and 4% for large businesses. 09/22/22 – Data Privacy. Original source in Spanish. 09/22/22 – Consumer Protection.

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Technology & Marketing Law Blog

DECEMBER 14, 2022

Both the Tweet and the article, which appear in the video posted by the Defendants, indisputably place Kogan’s photo with Jackson next to images and text that promote penile enhancement surgery and the Defendants’ business. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation.

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Social Media False Advertising Advertising Advertising 115

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

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Traverse Legal Blog

SEPTEMBER 15, 2023

Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. alleges violations of the Electronic Communications Privacy Act among other claims.

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IP Tech Blog

MARCH 8, 2024

DPIA Report Requirement: The State argued that these extensive and time-consuming reports will require businesses to assess “how their products use children’s data and whether their data management practices or product designs pose risks to children.” Accordingly, the court found that this restriction would likely fail intermediate scrutiny.

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Designs Design Social Media Privacy 57

LexBlog IP

OCTOBER 18, 2022

Dark patterns were also specifically called out in a number of new state privacy laws. A recently released FTC staff report on dark patterns indicates that this focus is only growing, and that dark patterns can encompass a wide range of common marketing practices – from urgency offers to fee disclosures.

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Reporting Privacy Designs Design 52

LexBlog IP

OCTOBER 8, 2021

To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Myth #1: “Privacy” is the only concern for consumers in digital markets.

Privacy 52

Privacy Advertising Advertising Television 52

TorrentFreak

DECEMBER 1, 2023

However, with Ring-1 still in business, more work lay ahead. Defendants also use privacy protection services to hide their names and contact information from the public domain name WHOIS database.”

Public Domain 108

Public Domain Copyright Infringement Privacy Reporting 108

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

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IP Advertising Advertising Copyright 72

LexBlog IP

MAY 12, 2022

Affiliate Marketers: Want to learn best practices, strategies, and tactics from a seasoned legal professional who works with businesses and regulators at the federal and state levels? Clients often seek my counsel on issues related to Affiliate Marketing legal disclaimers and disclosures. __ATA.initDynamicSlot({. reportAd: {.

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Technology & Marketing Law Blog

AUGUST 5, 2022

While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.”

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Social Media Ownership Branding Brands 98

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

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Intellectual Property Privacy Branding Brands 98

LexBlog IP

SEPTEMBER 15, 2023

Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. alleges violations of the Electronic Communications Privacy Act among other claims.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

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.” Despite Doe v. LEXIS 5481 (C.D. The complaint.

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False Advertising Social Media Publishing Advertising 86

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. ” Click on the image to see the animation.

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Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. A new frontier for a trade war.]. ” 6. .”

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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”).

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Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

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Privacy Marketing Marketing Social Media 98

Technology & Marketing Law Blog

JULY 26, 2023

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. 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. Based on the complaint, Chegg v.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

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 was recognised as an "A-List lawyer" by China Business Law Journal in 2022.

Advertising 52

Advertising Advertising Privacy Journalism 52

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.

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Reporting Privacy Advertising Advertising 52

43(B)log

JANUARY 25, 2022

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. The same results followed for the defamation claims.

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Designs Design Privacy Blogging 59

Technology & Marketing Law Blog

JANUARY 15, 2024

Thus, there is no evidence that, for example, the Resort’s page on Expedia, Caradonna Adventure’s brochure, if one exists, or some tweet by Charles, sought to cultivate business from Massachusetts and its residents specifically. Defendants deny that the Resort targets Massachusetts or its residents with advertising.

Social Media 64

Social Media Advertising Advertising Publishing 64

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

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).

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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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MAY 6, 2022

And all signs indicate that the agency will initiate rulemaking on some as-yet-undefined privacy issues once (and if) Alvaro Bedoya gets confirmed as the fifth commissioner. One of the issues the FTC wants to explore is how to deal with subscriptions and negative options that are marketed via telemarketing.

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Privacy Marketing Marketing Business 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. 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.

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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.

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Law IP Intellectual Property Business 67