LexBlog IP

MARCH 20, 2023

“[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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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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IPilogue

JULY 13, 2022

As discussed in part one , Human Rights Watch (HRW) released a report in late May outlining the privacy risks school children face across the globe. However, Canada still falls behind in implementing modern privacy legislation that addresses child consent.

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LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” For more information and to register, click here.

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43(B)log

JUNE 26, 2023

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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LexBlog IP

FEBRUARY 2, 2023

” In the proposed federal court order (the Order), GoodRx will be “prohibited from sharing user health data with applicable third parties for advertising purposes.” GoodRx then used that information to target these users with health-related advertisements.” Click here to read the press release.

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43(B)log

OCTOBER 5, 2021

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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IP and Legal Filings

APRIL 8, 2023

Celebrities have objected to this because it interferes with their personal lives and their right to privacy. Celebrities have objected to this because it interferes with their personal lives and their right to privacy. Every individual has the right to control his or her own life and image as it is portrayed to the rest of the world.

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IPilogue

JULY 4, 2022

A thorough analysis of the selected EdTech products showed that a vast majority of the government-endorsed online learning platforms risked children’s privacy and violated children’s rights. Part 2 will discuss the HRW report’s recommendations and the initiatives being taken to address the risks that EdTech poses to child privacy.

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LexBlog IP

OCTOBER 27, 2023

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.

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LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. Many clean rooms involve the advertiser and publisher uploading data into a platform where that data can then be matched and operated on. Probably not.

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LexBlog IP

JANUARY 5, 2023

The Announcement outlines a scary scheme by cyber criminals, who “are using search engine advertisement services to impersonate brands and direct users to malicious sites that host ransomware and steal login credentials and other financial information.” Use an ad blocking extension when performing internet searches.

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43(B)log

JANUARY 19, 2022

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.

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IPilogue

MARCH 22, 2023

Privacy Misrepresentation According to the Federal Trade Commission (FTC) release , BetterHelp requires a questionnaire that asks for sensitive mental health information – “such as whether they have experienced depression or suicidal thoughts and are on any medications” – along with personal information.

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LexBlog IP

APRIL 4, 2022

This article is aimed at helping you discover (or in some cases rediscover) the use of RSS Feeds as an effective way to protect your privacy whilst gaining freedom from algorithms that deliver content designed to be biased towards sponsored (that is, advertised) content. You can take back control of what you read!

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LexBlog IP

AUGUST 17, 2023

Recently, the California Privacy Protection Agency (CPPA) announced its new initiative in investigating the data privacy practices of connected vehicle (CV) manufacturers and the related technologies. Generally, the CPPA will focus its regulatory efforts on retail, advertising platforms, online platforms, and hospitality sectors.

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LexBlog IP

AUGUST 24, 2023

State privacy laws are changing rapidly in the U.S. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law. The Oregon Consumer Privacy Act will go into effect on July 1, 2024. The law will go into effect on January 1, 2025.

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LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

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LexBlog IP

DECEMBER 16, 2021

New Mexico’s Attorney General, Hector Balderas, continues to champion children’s online privacy protections, this time settling with Google over alleged violations of the Children’s Online Privacy Protection Act (COPPA). The New Mexico AG is making a name for himself in the area of children’s privacy.

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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.

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LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

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JIPEL Copyright Blog

MAY 3, 2021

Michael Costanza filed a $100 million lawsuit against Jerry Seinfeld, Larry David (the show’s co-creator), and NBC for invasion of privacy, defamation, and being cast in a false light. Specifically, sections 50 and 51 of New York’s Civil Rights Law provide the only basis for a right of privacy in the state. This is where it gets juicy.

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43(B)log

APRIL 15, 2024

Although she alleged violations of the federal and Minnesota wiretap statutes and the Minnesota health records statute (which all survived the motion to dismiss), I’ll focus on claims under the Minnesota consumer fraud statute, the Minnesota deceptive trade practices statute, and common law claims of invasion of privacy and unjust enrichment.

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Michael Geist

JANUARY 31, 2024

It may be the most dangerous Internet bill you’ve never heard of since it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media. Ensure compatibility of Canadian regulations on age-verification with international standards.

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IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. What did Target do with this information? It mailed her coupons for baby clothes and cribs.

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LexBlog IP

AUGUST 25, 2022

alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual internet users for marketing purposes. The outcome of this case may set a strong precedent for data collection and digital advertising across the board. We will follow its progress.

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LexBlog IP

AUGUST 18, 2021

text: ‘Advertisements’, }, creative: {. text: ‘Privacy’, }. }. }); }); __ATA.initDynamicSlot({. id: ‘atatags-26942-611e4d614fa4f’, location: 120, formFactor: ‘001’, label: {. reportAd: {. text: ‘Report this ad’, }, privacySettings: {.

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43(B)log

MARCH 28, 2024

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 consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

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Advertising Advertising Settlement Contracts 64

LexBlog IP

OCTOBER 20, 2022

Although a bit dated, a 2019 blog in Comaritech gives a good background on what geofencing is and what privacy concerns it presents. The blog, What is geofencing, how does it work, what are the privacy concerns? All of those apps have your permission to track your every move and sell that information to other companies.

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Patently-O

FEBRUARY 12, 2023

by Dennis Crouch Rights to use a person’s Name-Image-and-Likeness or NIL generally fall within two categories of intellectual property: rights of publicity and rights of privacy. Rights of privacy can also protect against misappropriation of NIL — typically under the guise of an invasion-of-privacy claim. Defamation.

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LexBlog IP

AUGUST 26, 2021

Some are more aggressive than others, such as New Mexico Attorney General Hector Balderas, who recently sued Rovio Entertainment, the maker of Angry Birds, alleging that Rovio violated the Children’s Online Privacy Protection Act (COPPA) by collecting data on players under the age of 13 and disclosing it to advertisers.

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LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

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IP Watchdog

DECEMBER 6, 2021

Over in the Senate, the Fiscal Responsibility Subcommittee will discuss how changes to privacy policies in Big Tech firms have impacted targeted advertising activities for a wide swath of the economy.

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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.

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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. Then, in Liapes v. seriously, are you still posting THERE???)

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LexBlog IP

MARCH 10, 2022

There is a federal law, the Children’s Online Privacy Protection Act (COPPA), that requires app developers to obtain parental consent before collecting information from children under the age of 13. The law has been on the books for a long time, yet companies are not always in compliance with it. The problem?

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The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

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