SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. As a result, many companies are developing corporate policies on employee use of AI. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. Finally, in April 2023, 19 U.S.

Marketing 98

Marketing Marketing Advertising Advertising 98

Michael Geist

AUGUST 9, 2023

The Canadian government released a detailed document last week outlining the specifics behind its draft Digital Services Tax Act. No actual legislation has yet been passed, but the government is providing guidance on how the potential law would be interpreted assuming it takes effect next year.

Social Media 52

Social Media Government Advertising Advertising 52

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). Key laws that govern dark patterns include: Section 5 of the FTC Act (15 U.S.C.§

Privacy 52

Privacy Reporting Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. NetChoice LLC v.

Editing 89

Editing Social Media Blogging Advertising 89

IP and Legal Filings

NOVEMBER 8, 2022

Autonomous refers to acting and governing alone in accordance to state of play in hand while the correct term for the usage should be automated; control by the equipment in the process. [3] IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE).

Privacy 52

Privacy Technology Government Designs 52

Selvam & Selvam Blog

APRIL 5, 2023

Proceedings of the following Intellectual Property Disputes of civil nature would be governed by these rules. These rules are applicable to all matters listed before the IP Division. any challenge to the order passed under Sec. 11 of the Customs Act,1962, and related notifications. any challenge to the order passed under Sec.

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. What’s Regulated?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns.

Publishing 94

Publishing Government Contracts Law 94

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. 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. SF Design Group.

Social Media 98

Social Media Ownership Branding Brands 98

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52

Designs Design Trademark Cease and Desist 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

Olartemoure Blog

JULY 21, 2023

The Colombian Congress has enacted Law 2300 of 2023, aimed at safeguarding the privacy of financial consumers. It introduces measures to govern contact and communication channels, as well as timing, for debt collection purposes. Original source in Spanish.

Privacy 52

Privacy Intellectual Property Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Michael Geist

APRIL 5, 2022

This represents nothing less than a government-backed shakedown that runs the risk of undermining press independence, increasing reliance on big tech, and hurting competition and investment in Canadian media. By creating the shakedown subsidy model, the government runs the risk of significant harms. I start with two caveats.

Government 104

Government Advertising Advertising Journalism 104

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity.

False Advertising 82

False Advertising Government Privacy Designs 82

IIPRD

FEBRUARY 23, 2021

Government institutions like the U.S. Governments around the world have undertaken various initiatives to strengthen their IP-financing infrastructure because of the increasing importance of IP in the global economy. The risk of such IP backed loans is shared by the Government with the PFIs. IP Financing Policies in Asia.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

JULY 19, 2021

She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Interesting right? Puttaswamy v.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Technology & Marketing Law Blog

MAY 25, 2022

In other words, the panel recognizes that “common carriage” is just another name for “government censorship.” ” Thus, the label does not give the government regulation a free pass around the First Amendment. McManus ruling, which rejected some mandatory disclosures about political advertising.

Social Media 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. See, e.g., Ripple v.

Intellectual Property 133

Intellectual Property Trademark Marketing Marketing 133

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

Intepat

FEBRUARY 7, 2023

The visual technology and design capabilities are developing at a rapid pace where the metaverse will allow users to interact with virtual objects in real life with real-time information. has a certain level of regulation and control imposed by the governments depending upon the jurisdiction, Web3.0 – Jurisdictional issues.

IP 52

IP Law Invention Licensing 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

It operates a Facebook page entitled “ City of Sammamish – Government.” As one would expect from local governments creating speech policies, there are many obvious problems with the list. The Facebook Page is a Designated Public Forum. Sammamish is a city in the greater Seattle metro area. 11) Anonymous posts.

Social Media 105

Social Media Government Designs Design 105

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court’s FOSTA analysis will break your mind, and it’s a reminder that FOSTA likely reaches far beyond the paradigmatic Backpage scenario to potentially govern more traditional Internet content moderation decisions. Defective design (along the lines of Lemmon v. California Constitution Invasion of Privacy.

Blogging 108

Blogging Publishing Social Media Advertising 108

Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an Added a right of privacy and a requirement (5(2)(g) of protecting privacy.

Government 100

Government Advertising Advertising Reporting 100

IP and Legal Filings

DECEMBER 21, 2022

Therefore, it is important that the government has the necessary tools to protect the privacy of our information. Due to the nature of social media, various legal issues have been raised regarding its privacy and protection. Other issues include defamation and advertising law [1]. What is Social Media?

Social Media 79

Social Media Law Government Privacy 79

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 133

Privacy Law Copyright Copyright Infringement 133

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. ” Second, TikTok’s statements weren’t made in advertising.

Social Media 80

Social Media Privacy Law Publishing 80

43(B)log

APRIL 7, 2023

DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Governments might also find much to envy in DSA.

Art 45

Art Copyright Settlement Moral Rights 45

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. If the law says that Google is a common carrier, expecting more speech governance is irrational. What are you going to do instead, advertise on Bing? A: they are very close.

Law 119

Law Branding Brands Branding 119