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Pixel Litigation Drives Transparency in Privacy Policies

LexBlog IP

Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Unlike cookies, pixels cannot be easily blocked with privacy software.

Privacy 40
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National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

IP Tech Blog

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Disclosures, Endorsements, Dark Patterns – Oh, My!

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Advertising injury policy's IP exclusion means ROP claims aren't covered

43(B)log

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

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National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

LexBlog IP

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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"advertising injury" insurance exclusion doesn't exclude false advertising claims

43(B)log

28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate.

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The problem was that the policy and the exclusion were “clearly worded, specific, and directly contradictory to each other.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.