Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

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.

Blogging 128

Blogging Contracts Fair Use Copyright Law 128

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.

Privacy 93

Privacy Contracts Marketing Marketing 93

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

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

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

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 97

Intellectual Property Privacy Branding Brands 97

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

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 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

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. ” Oof. My topline conclusion: ¯_(?)_/¯.

Contracts 107

Contracts Privacy Social Media Advertising 107

IP Tech Blog

MARCH 8, 2024

Age Estimation: The Act requires online providers to estimate the age of child users so that the highest privacy setting is applied when a child visits the site. High Default Privacy Settings: The Act requires a “high” level of privacy setting as the “default” for children visiting a site.

Designs 57

Designs Design Social Media Privacy 57

Technology & Marketing Law Blog

JANUARY 15, 2024

This is the latest ruling in an investigation by DC Attorney General into Meta’s content moderation practices, especially regarding COVID-19 policies. Defendants deny that the Resort targets Massachusetts or its residents with advertising. District of Columbia , 2023 WL 5964764 (D.C. The Resort, they attest, “targeted divers.”

Social Media 67

Social Media Advertising Advertising Publishing 67

LexBlog IP

OCTOBER 18, 2022

Dark patterns were also specifically called out in a number of new state privacy laws. A recently released FTC staff report on dark patterns indicates that this focus is only growing, and that dark patterns can encompass a wide range of common marketing practices – from urgency offers to fee disclosures.

Reporting 52

Reporting Privacy Designs Design 52

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. ” [Does this create an affirmative obligation to include images?

Trademark 139

Trademark False Advertising Advertising Advertising 139

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. when accounts have “clearly, seriously, or repeatedly” breached Facebook’s policies), this simply restates Meta’s ability to exercise editorial discretion. & Prof.

Contracts 96

Contracts Social Media Advertising Advertising 96

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 89

Cease and Desist Blogging Contracts Privacy 89

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 77

Contracts Advertising Advertising Privacy 77

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.

Reporting 52

Reporting Privacy Advertising Advertising 52

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 87

Fair Use Social Media Licensing Marketing 87

Herbert Smith Freehills

MAY 29, 2023

She has extensive experience advising Chinese growth and large tech clients on mergers and acquisitions, private equity investments, capital markets, joint ventures and corporate restructurings in both China and internationally. Justina was recognised as an "A-List lawyer" by China Business Law Journal in 2022.

Advertising 52

Advertising Advertising Privacy Journalism 52

LexBlog IP

MAY 6, 2022

And all signs indicate that the agency will initiate rulemaking on some as-yet-undefined privacy issues once (and if) Alvaro Bedoya gets confirmed as the fifth commissioner. One of the issues the FTC wants to explore is how to deal with subscriptions and negative options that are marketed via telemarketing.

Privacy 52

Privacy Marketing Marketing Business 52

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. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

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. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 98

Publishing Government Contracts Law 98

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 102

Privacy Marketing Marketing Social Media 102

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.” Google changed its privacy policy to collect all “public” data (viz., Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 83

Blogging Copyright Contracts Cease and Desist 83

The IP Law Blog

OCTOBER 26, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc. decided Sep.

Law 67

Law IP Intellectual Property Business 67

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.] It’s market definition. There is some exception for actions immediately surrounding death or moment of burial.

Registration 52

Registration False Advertising Advertising Advertising 52

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

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. The Bill Is Terrible Policy. The post Minnesota Wants to Ban Under-18s From User-Generated Content Services appeared first on Technology & Marketing Law Blog.

Social Media 144

Social Media Privacy Law Government 144

LexBlog IP

OCTOBER 26, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc.

Law 52

Law IP Intellectual Property Business 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

The legal and policy issues associated with web scraping are far too nuanced to fit into a simple good vs. evil ethical dichotomy. 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.

Blogging 120

Blogging Law Contracts Cease and Desist 120

Technology & Marketing Law Blog

JULY 18, 2023

This tension between copyright policy and contract law is not new , but developments within and outside the law might put it center stage again. This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements.

Blogging 94

Blogging Contracts Copyright Law Copyright 94

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. IP Financing Policies in Asia. Almost all major economies of Asia have come up with policy and regulatory measures to incentivize IP-financing. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

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 104

Privacy Blogging Advertising Advertising 104

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.

Law 90

Law Advertising Advertising Marketing 90

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 138

Privacy IP Technology Reporting 138