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

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. French privacy rights group La Quadrature du Net alleged in 2018 that Amazon manipulates customer data for commercial purposes vis-à-vis choosing what advertising information the customers gain exposure to.

Privacy 106

Privacy Advertising Advertising Marketing 106

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

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

LexBlog IP

NOVEMBER 17, 2022

You may think “dark patterns” connote bad behavior, of which you (the marketer or seller of gadgets or gigabytes) would never engage, but it covers a host of marketing techniques (several of which are noted above) that are subject to both existing and forthcoming laws and regulations. Why do they matter to you?

Privacy 52

Privacy Reporting Advertising Advertising 52

IP Tech Blog

MARCH 8, 2024

How the AADC Came to Be With a growing number of children using the Internet, and the rising number of hours children spend online, federal and state governments try to protect these children from the harms of Internet use, by limiting the collection and use of their data as well as by limiting the content to which the minors are exposed.

Designs 57

Designs Design Social Media Privacy 57

TorrentFreak

JULY 27, 2022

VPN services are a useful tool to protect internet users’ online privacy. While this often goes against the terms of service, some VPNs openly advertise this feature. ” That implies that there’s a huge market for its new blocking capability but there are also downsides to consider. Blocking Geo-Pirates.

IP 134

IP Privacy Advertising Advertising 134

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. What’s Regulated?

Trademark 136

Trademark False Advertising Advertising Advertising 136

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”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

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. The DoCA had illustrated 10 practices as dark patterns.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. TransUnion.

Contracts 83

Contracts Privacy Blogging Litigation 83

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 98

Social Media Ownership Branding Brands 98

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. 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]

Privacy 52

Privacy Technology Government Designs 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 the US, the Constitution only restricts the action of government actors, not private entities.

Publishing 94

Publishing Government Contracts Law 94

IP Tech Blog

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California. Jones , 465 U.S. 783 (1984).

Privacy 57

Privacy Trademark Advertising Advertising 57

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

Personality Rights 52

Personality Rights Intellectual Property Social Media Intellectual Property Law 52

LexBlog IP

JUNE 23, 2023

Plaintiff alleged that the defendant was infringing that mark by “advertising and selling products on the Amazon.com marketplace bearing the Detoxify Mark … .” Defendant also included references to potentially applicable privacy laws, including those of California. Jones , 465 U.S. 783 (1984).

Privacy 52

Privacy Trademark Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 15, 2024

Note also how governments will weaponize mandatory TOS disclosures, i.e., if you didn’t tell the public them, then they wouldn’t have acted as promises to consumers, but since we compelled you to tell the public, we can now treat them as enforceable promises. No, and it’s not even close. Six4Three v.

Social Media 65

Social Media Advertising Advertising Publishing 65

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Click on the image to see the animation.

Contracts 104

Contracts Privacy Social Media Advertising 104

Intepat

MAY 16, 2023

Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. Additionally, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

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

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. preferential treatment for parental controls and government/school-operated content/sites. So instead of “protecting the kids,” the bill would harm Minnesotans of all ages in countless ways.

Social Media 143

Social Media Privacy Law Government 143

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 87

Blogging False Advertising Litigation Marketing 87

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

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

JANUARY 26, 2022

Governments and consumers face the present-day effects of incumbent tech giants building digital platforms and creating vast monopolies based on their seemingly total control of big data. From a legal and regulatory point of view, it seems challenging to dismantle their current dominance across various markets. A Better Future?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

SpicyIP

FEBRUARY 13, 2023

CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues. Thus, there is no question of invasion of privacy or personal information of a third party being sought. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Unlike the competition provision, they govern use and manipulation of the site. Google changed its privacy policy to collect all “public” data (viz.,

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service. Plaintiffs do not cite a single right of publicity case with analogous facts.

Privacy 100

Privacy Blogging Advertising Advertising 100

IIPRD

FEBRUARY 23, 2021

Government institutions like the U.S. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The Government of India has made constant efforts towards commercialization of IP by undertaking various policy initiatives. IP Financing Policies in Asia.

IP 40

IP Intellectual Property Branding Brands 40

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. appeared first on Technology & Marketing Law Blog. sought to send the case to arbitration.

False Advertising 82

False Advertising Government Privacy Designs 82

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

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

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

Olartemoure Blog

OCTOBER 3, 2023

This processing is a contravention of the principles governing the GDPR and in the absence of a legal basis that would legitimize or justify such processing. In parallel, the Treaty on the Functioning of the European Union (TFEU) in its article 102 deals with the abuse of dominant position by undertakings in the single market.

Law 105

Law Privacy Contracts Marketing 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. ” Not only has it been proven a zillion times that property rights often harm free markets, but this concern doesn’t fit Hepp’s situation at all. See, e.g., Ripple v.

Intellectual Property 133

Intellectual Property Trademark Marketing Marketing 133