43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Pam Samuelson: don’t forget 1202.

Privacy 59

Privacy Fair Use Fanworks Government 59

TorrentFreak

APRIL 11, 2023

Today’s bottom line for anonymizing privacy services is that they must comply with Russia’s site-blocking demands and open up themselves up to scrutiny. And then the passport number, full name, age and address of registration. VPN providers with any infrastructure in Russia have experienced problems for years.

Privacy 125

Privacy Social Media Government Advertising 125

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. The domain registration is cloaked. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

SpicyIP

JANUARY 2, 2022

Given the lack of policy progress with respect to the management of rare diseases, this order emphasizes that the ambit of the right to health also includes the provision of a better quality of life and addresses issues concerning not only access but also innovation in the rare diseases space. In Dhiraj Dewani v.

IP 143

IP Intellectual Property Copyright Trademark 143

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 137

Trademark False Advertising Advertising Advertising 137

LexBlog IP

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69

LexBlog IP

MAY 2, 2023

As a result, many companies are developing corporate policies on employee use of AI. Data Privacy : Systems should be developed with built-in protections from abusive data practices for individuals and the ability for individuals to have agency over how their data is used. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

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.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized.

Registration 52

Registration False Advertising Advertising Advertising 52

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! Does a link to a privacy policy provide effective notice? It doesn’t work so well for advertising! Is a deceptive used car dealer competing fairly?

Trademark 72

Trademark Marketing Marketing Advertising 72

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Doesn’t have a sense of the policy landscape. Similar with registration agencies—a firehose coming at them. Standing makes him nervous b/c of privacy.

Trademark 45

Trademark Law Branding Brands 45

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. If true, 1M visitors is a *much* lower threshold than 1M account registrations. This interpretation doesn’t make sense, but it’s literally what the bill says.

Social Media 143

Social Media Privacy Law Government 143

IIPRD

FEBRUARY 23, 2021

IP Financing Policies in Asia. Almost all major economies of Asia have come up with policy and regulatory measures to incentivize IP-financing. The Government of India has made constant efforts towards commercialization of IP by undertaking various policy initiatives. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Robust TM use doctrine in 1920s was swept away in 1938 b/c 1927 courts didn’t appreciate the hugely significant rise of advertising which would harm TM owners unless stamped out.

Trademark 49

Trademark Branding Brands Branding 49