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. 4) Social media “defective design” lawsuits go forward.

Law 102

Law Social Media Advertising Advertising 102

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.

Privacy 40

Privacy Reporting Designs Design 40

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. 09/22/22 – Industrial Designs. In turn, animated designs should include numerated drawings showing the sequence that allows understanding the movement of the animation.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

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

IPilogue

JUNE 27, 2022

(Facebook) was liable under several provincial privacy statutes for using class members’ likenesses without their consent. . Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g.

Privacy 59

Privacy Social Media Advertising Advertising 59

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 includes endorsements of personal experiences without disclosing the fact that they are paid for it.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Designs 52

Designs Design Law Contracts 52

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.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

LexBlog IP

JULY 25, 2023

Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). It would only estimate age and would not identify the person providing consent.

Privacy 52

Privacy Advertising Advertising Designs 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.

Reporting 52

Reporting Privacy Designs Design 52

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

The IPKat

JANUARY 30, 2022

Miscellaneous The United Kingdom Intellectual Property Office (UKIPO) launched a call for views on the UK’s design system, as part of a review of the design system to ensure it remains fit for the future. Information about the event and registration is available here. Further information and how to respond can be found 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”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

TorrentFreak

NOVEMBER 19, 2023

CTAM wanted to combat an escalating content piracy industry that was robbing legitimate content creators of their intellectual property and risking the privacy and safety of content users. The Blacklight Privacy Inspector had a look at StreamSafely.com and reported back with its findings. million in revenue vs. $4.56

Marketing 102

Marketing Marketing Privacy Intellectual Property 102

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 88

Editing Social Media Blogging Advertising 88

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

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

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

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

43(B)log

JANUARY 25, 2022

Platinum allegedly hired the Volkin defendants to “engage in a strategic defamation campaign online designed to ruin Plaintiffs’ professional reputation and to divert Plaintiffs’ customers away from their products and to Platinum’s competitive products.” And they are not providing the customers with anything new with an act like that.”

Designs 59

Designs Design Privacy Blogging 59

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. ” OK boomer.

Privacy 89

Privacy Contracts Marketing Marketing 89

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

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. Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read.

Law 98

Law Advertising Advertising Privacy 98

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 136

Trademark False Advertising Advertising Advertising 136

Selvam & Selvam Blog

APRIL 5, 2023

Cases pertaining to Patents, Copyrights, Trademarks, Geographical Indications, Plant Varieties, Designs, Semiconductor integrated circuit layout designs, Traditional Knowledge, and all rights under common law, if any, associated therewith; Cases relating to passing off, acts of unfair competition, disparagement, comparative advertising, etc.;

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

TorrentFreak

MARCH 29, 2023

Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy.

Social Media 133

Social Media Advertising Advertising Copyright 133

TorrentFreak

JANUARY 8, 2024

They’re also adept at pumping user data, including viewing habits and associated behavior, back to providers to ensure that free ad-supported TV makes up for lost currency through a firehose of advertising intelligence. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use.

Advertising 106

Advertising Advertising Copyright Copyright Infringement 106

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

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.

Social Media 52

Social Media Government Advertising Advertising 52

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.

Advertising 121

Advertising Advertising Marketing Marketing 121

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 96

Artwork Trademark Publishing Marketing 96

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 136

Privacy IP Technology Reporting 136

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

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

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). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Intellectual Property Law Blog

MAY 2, 2023

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. Some companies are advising employees not to advertise the use of AI. AI RMF 1.0

Government 237

Government Business Licensing Copyright 237

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