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

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 72

IP Advertising Advertising Copyright 72

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 85

Fair Use Social Media Licensing Marketing 85

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

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

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 90

Privacy Contracts Marketing Marketing 90

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

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“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. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v. Apple, Inc.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 97

Artwork Trademark Publishing Marketing 97

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

OCTOBER 29, 2021

Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Amazon appeared first on Technology & Marketing Law Blog. Modified Clickwrap” Upheld In Court–Moule v. TransUnion. ProFlowers.

Contracts 83

Contracts Privacy Blogging Litigation 83

Michael Geist

APRIL 5, 2022

First, companies such as Facebook deserve much of the criticism that has come their way and there is a desperate need for stronger regulatory measures, most notably involving privacy, competition, taxation, and appropriate accountability for foreseeable harms that arise from the platforms. A sampling would include: AllNovaScotia. The Breach.

Government 104

Government Advertising Advertising Journalism 104

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

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

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. It also puts users’ privacy and security (including minors’!) at greater risk. 18, 2022 NetChoice LLC v.

Law 113

Law Social Media Government Privacy 113

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

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. Q: As a marketing professor, the word I say every day is Google. What are you going to do instead, advertise on Bing? A: it is a dynamic market!

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The horror! The domain registration is cloaked.

Cease and Desist 86

Cease and Desist Blogging Contracts Privacy 86

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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.

Contracts 92

Contracts Social Media Advertising Advertising 92

Intepat

FEBRUARY 7, 2023

platform amalgamating a game, a marketing channel, and thereby creating an ecosystem of its own. Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., – Content licensing with aspects of traditional territories, usage tracking, license fee structures, grant of rights, infringement etc.

IP 52

IP Law Invention Licensing 52

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) TM law should facilitate disclosure or it will fall behind market. Sheff: What about licensing/merchandising in this system? Did they influence how you advertise? 4) detailed records of works used and their provenance.

Social Media 52

Social Media Fair Use Advertising 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. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 94

Publishing Government Contracts Law 94

Technology & Marketing Law Blog

AUGUST 7, 2022

Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. Section 230 Covers Republication of Old Yearbooks–Callahan v. Whitepages.

Blogging 80

Blogging Reporting Advertising Advertising 80

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Google changed its privacy policy to collect all “public” data (viz., TOU at 6-7.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 117

Blogging Law Contracts Cease and Desist 117

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. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. However, this is not the focus of the Second Circuit’s approach.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. Is that lack of progress producing the anachronisms?

Trademark 49

Trademark Branding Brands Branding 49

Kluwer Copyright Blog

FEBRUARY 28, 2023

Simultaneously, the streaming platform is advertised in Austria by two Austrian companies owned by GO4YU d.o.o However, the public can bypass this by connecting to the platform’s service via Virtual Private Network (VPN), tricking the platform into believing that the device is located in Serbia or Montenegro.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A short-form trademark security agreement which avoids the disclosure of terms of the loan is also recommended while filing documents in the USPTO to protect the privacy of the debtor. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

DECEMBER 20, 2022

Factor four: Plaintiffs didn’t argue that they lost licensing fees; instead, they argued that they were losing purchases of their documentaries because the 2013 Documentary implied that the parties were associated. The amount taken was “quantitatively small,” and could not substitute for the 2001 Documentary.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. Warner Bros.

False Advertising 82

False Advertising Government Privacy Designs 82