Technology & Marketing Law Blog

MAY 18, 2022

As alleged in the Amended Complaint, the Classmates’ website uses his image to advertise a paid subscription to its services in at least two ways.” ” So, I guess the court thinks electronic versions of yearbooks aren’t literary works when they are sold via subscription services, even though the physical copies might be?

Advertising 84

Advertising Advertising Blogging Copying 84

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. Facebook’s ads remixed third-party content, but Facebook generated the ad copy itself. Classmates moves to dismiss.

Advertising 122

Advertising Advertising Marketing Marketing 122

Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. In screenshot #3, the phrase “I agree to the Terms and Privacy Policy” isn’t expressly linked to any action, so the court disregards it.

Privacy 91

Privacy Contracts Marketing Marketing 91

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.”

IP 73

IP Advertising Advertising Copyright 73

43(B)log

SEPTEMBER 28, 2021

Luxy also allegedly infringed plaintiffs’ copyrights by copying their terms of use and privacy policy and by using plaintiffs’ trademark “SA” in the description of its privacy policies. On the other hand, because Seeking is on Google Play, confusion is also more likely there because of the similarity of marketing channels.

False Advertising 72

False Advertising Privacy Advertising Advertising 72

The TTABlog

MAY 11, 2023

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.

Privacy 63

Privacy Marketing Marketing Advertising 63

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 91

Advertising Advertising Social Media Blogging 91

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. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access.

Law 119

Law Branding Brands Branding 119

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. ” [Does this create an affirmative obligation to include images?

Trademark 137

Trademark False Advertising Advertising Advertising 137

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Per Batzel, “the mere existence of the hard copy yearbooks does not indicate that the publishers ‘provided’ the yearbooks for publication on the internet.” But if a yearbook database vendor gets a hard copy of a yearbook, what does the supplier think is going to happen with it? . Implications. Whitepages.

Publishing 88

Publishing Privacy Reporting Copying 88

TorrentFreak

NOVEMBER 8, 2021

. “In the case of an April 2019 attack on a synagogue in San Diego, for example, the perpetrator allegedly both drew inspiration for the attack from 8chan forums and used the site to advertise his actions and garner more attention from likeminded users. MPA Contribution. ICLE is not the only organization to support new regulations.

Privacy 131

Privacy Law Copyright Copyright Infringement 131

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. & Prof. Bonne chance.”).

Contracts 93

Contracts Social Media Advertising Advertising 93

43(B)log

FEBRUARY 25, 2023

Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising! There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. New market entry opportunities?

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. 3) reasonable measures to safeguard privacy interests. (4) TM law should facilitate disclosure or it will fall behind market.

Social Media 52

Social Media Fair Use Advertising Advertising 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. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. Whois Privacy Corp., They also want Congress to step up funding for criminal enforcement in copyright cases.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Likewise, the comment about plagiarism follows a post that linked to a Rolling Stone article and suggested that Respondent “mostly copied it word for word.” Amount taken. Maximized Living v.

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

Intepat

MAY 16, 2023

A person is entitled to the right to privacy, which extends to a celebrity as well and they are entitled to protect their publicity rights on the basis of the wider ambit of Article 21. The right to publicity can be interpreted through Article 21 of the Constitution of India which provides the right to life and the right to personal liberty.

Branding 98

Branding Brands Branding Personality Rights 98

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.] It’s market definition. There is some exception for actions immediately surrounding death or moment of burial.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

FEBRUARY 13, 2023

If a design, when registered, does not suffer from lack of novelty or originality, the mere fact that, after it is registered, several persons may choose to copy the said design can obviously not constitute a ground to cancel the registration of the design.” Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

AUGUST 17, 2021

provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” Ramirez gets further assimilated into the law. Blackbaud (good name!)

Privacy 59

Privacy Business Litigation Confidentiality 59

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Standing makes him nervous b/c of privacy. Privacy/consumer protection: FTC has jerry-rigged a guardianship of the public interest; California also passed a specific law with a specific agency (which Eric Goldman loves).

Trademark 45

Trademark Law Branding Brands 45