Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. The pertinent question should not be whether contracts mimic copyright, but whether they undermine the policies underlying copyright law.

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Blogging Contracts Fair Use Copyright Law 127

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Moreover, even if we were to find ambiguity and decide the issue on the basis of legislative history and public policy, we would still conclude that the ADA does not apply to Web sites.” Strain, No.

Social Media 73

Social Media Privacy Advertising Advertising 73

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

Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Who needs new privacy laws if the Unruh Act already bans most ad targeting? This tool relies on age and gender to target ads.

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Law Advertising Advertising Marketing 87

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy.

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Privacy Contracts Marketing Marketing 91

The IPKat

JANUARY 30, 2022

This discussion is part of the EU Industry Days 2022 , an annual event that highlights industrial frontrunners and ongoing industrial policy discussions whilst improving the knowledge base of European industry. However, it is never impossible to catch up with the best IP events. The registration for the event can be made here.

Privacy 70

Privacy Intellectual Property Registration Litigation 70

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”). In developing customer policies and terms, the language should be easy to understand.

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Privacy Reporting Advertising Advertising 52

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

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Reporting Privacy Designs Design 52

TorrentFreak

NOVEMBER 8, 2021

This independent bi-partisan research center relies on input from academics and regularly shares its thoughts on important policy debates. Carefully Calibrated Policy. ICLE believes that, through carefully calibrated policy, IaaS providers can be required to collect and share information that’s sufficient to identify criminals.

Privacy 131

Privacy Law Copyright Copyright Infringement 131

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.

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Marketing Marketing Advertising Advertising 98

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. This situation is different from the websites in Network Automation and Playboy , which were clearly distinguished with ad designations.

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False Advertising Privacy Advertising Advertising 72

Michael Geist

APRIL 5, 2022

This posts provides a higher level assessment of why this bill is terrible policy. Those decisions come on top of blank front pages and advertorials designed to curry support for the measures. The coverage and lobbying for this bill builds on the problems with the previous measures designed to support the sector. The Breach.

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Government Advertising Advertising Journalism 103

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

Technology & Marketing Law Blog

NOVEMBER 26, 2021

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. ’…Facebook itself is designed for individuals to share information and express ideas. .'” 11) Anonymous posts. 11) Anonymous posts.

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Social Media Government Designs Design 106

LexBlog IP

AUGUST 24, 2023

State privacy laws are changing rapidly in the U.S. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law. The Oregon Consumer Privacy Act will go into effect on July 1, 2024. The law will go into effect on January 1, 2025.

Privacy 40

Privacy Law Business Higher Education 40

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Michael Geist

AUGUST 9, 2023

Further, the Canadian plan is facing significant opposition from many OECD countries since it may jeopardize a global agreement that is designed to address the digital services tax issue. Take targeted advertising revenues, which would require that the user be physically located in Canada at the time. These are just two examples.

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Social Media Government Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations. Purchaser care. Greenberg v.

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Advertising Advertising Trademark Settlement 99

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.

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Privacy IP Technology Reporting 137

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.

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Reporting Privacy Advertising Advertising 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. ” I mean, pretty much every physical product meets this definition, right?

Trademark 137

Trademark False Advertising Advertising Advertising 137

LexBlog IP

FEBRUARY 4, 2024

An E-signature is a technologically enabled signature using letters, numbers, or symbols for identity verification, sent via text to designated emails and mobile numbers. The law seeks to protect consumer interests, ensure data privacy, and establish secure digital payment methods, contributing to the overall growth of the digital economy.

Law 40

Law Technology Privacy Advertising 40

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. In recent weeks, over a thousand companies have received these letters, which cover a variety of advertising and marketing practices, including endorsements , business opportunities and for-profit education claims.

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Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

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Contracts Advertising Advertising Privacy 74

IP and Legal Filings

NOVEMBER 8, 2022

IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE). 30] Article 21 of our constitution guarantees right to privacy under the sublet of right to protection of life and personal liberty. [31] Autonomous vehicle levels have a very contentious issue at hand.

Privacy 52

Privacy Technology Government Designs 52

LexBlog IP

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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. First, “the law’s foreign policy purpose is not an important Montana state interest.”

Social Media 81

Social Media Privacy Law Publishing 81

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. The majority rejects Facebook’s Section 230 preempts arguments both on statutory analysis and policy grounds.

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Intellectual Property Trademark Marketing Marketing 134

SpicyIP

JANUARY 2, 2022

Given the lack of policy progress with respect to the management of rare diseases, this order emphasizes that the ambit of the right to health also includes the provision of a better quality of life and addresses issues concerning not only access but also innovation in the rare diseases space. Merck Sharp and Dohme v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

MAY 2, 2023

As a result, many companies are developing corporate policies on employee use of AI. Data Privacy : Systems should be developed with built-in protections from abusive data practices for individuals and the ability for individuals to have agency over how their data is used. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

Technology & Marketing Law Blog

JANUARY 23, 2024

When Congress enacted the Federal Arbitration Act (FAA), it did so to establish a policy favoring arbitration when contracting parties sought to resolve their disputes by arbitration. Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks. Many people think this is true.

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Contracts Blogging Advertising Advertising 79

Technology & Marketing Law Blog

MAY 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. McManus ruling, which rejected some mandatory disclosures about political advertising. Applying the Scrutiny Level.

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Social Media Law Blogging Publishing 99

LexBlog IP

MARCH 16, 2023

A few weeks ago – on Valentine’s Day, no less – Commissioner Christine Wilson issued a statement in the Wall Street Journal that, let’s just say, was a less-than-flattering portrayal of the leadership, ethics and policies of FTC Chair Lina Khan. So do not expect reports on the new topics for quite a long time.

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Social Media Reporting Journalism Advertising 52

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.

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Publishing Government Contracts Law 95

43(B)log

FEBRUARY 19, 2022

Policy discourse should explicitly consider the social roles legal reform would construct for platforms to help public understand whether platforms are doing what they should, guide platform behaviors, and guide further reform. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products.

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Law Branding Brands Branding 119

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.] Color, product design. PTO doesn’t use this categorization—it uses text, design, sound, etc.

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Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 25, 2023

These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. 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! It doesn’t work so well for advertising!

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Trademark Marketing Marketing Advertising 72