IPilogue

SEPTEMBER 7, 2021

In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

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Privacy Technology Reporting Branding 105

The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. New Balance claims that Michael Kors’ use of a letter ‘N’ on footwear is confusingly similar to New Balance’s trade mark and trade-dress protected design of its sneakers. Other Class 46 blog shared information on a new initiative by the Chinese government.

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Blogging IP Privacy Reporting 62

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

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Designs Design Intellectual Property Law Artistic Work 52

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? That creates a different, but not less problematic, vector for privacy and security violations. I did a media interview regarding AB 2273 that I thought was worth sharing here. Two key differences. I doubt it.

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Designs Design Privacy Business 93

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post.

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Social Media Blogging Privacy Government 119

Technology & Marketing Law Blog

AUGUST 22, 2022

One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC). AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The AADC requires businesses to adopt protective practices for children.

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Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. It seems like any privacy lover should vigorously and publicly oppose those requirements.

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Law Social Media Advertising Advertising 103

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

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Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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Social Media Designs Design Privacy 103

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. Which is why so much of the tech press’s coverage of this issue is bonkers.

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Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts. Books and Academic Articles.

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Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Social Media Ownership Designs Design 79

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. Meta Platforms, Inc. 2023 WL 7325109 (N.D.

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Trademark Contracts Blogging Fair Use 92

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. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

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Artwork Trademark Publishing Marketing 97

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.

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Privacy Contracts Marketing Marketing 90

IPilogue

MARCH 15, 2023

The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. Ethics and Systems Design The IEEE Standard Model Process for Addressing Ethical Concerns during System Design is also frequently cited.

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Government Designs Design Settlement 104

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Teamsters Loc.

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Social Media Ownership Branding Brands 98

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). Among other things, Mito Red alleged that blog posts/video such as “Mito Red Light Therapy Scam: What Are They Lying About?” Mito Red here is the follower” was puffery.

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Designs Design Privacy Blogging 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

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False Advertising Privacy Publishing Advertising 112

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” Handing control of publication decisions to a government-designated censor is as disrespectful to the Constitution as it sounds. I critiqued similar language in my AB 587 blog post.

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Social Media Privacy Designs Design 86

Technology & Marketing Law Blog

NOVEMBER 25, 2022

Why would any healthcare worker think it’s appropriate to send a diagnosis to anyone other than the patient or a person designated by the patient? I can think of a few potential privacy claims. Community Health appeared first on Technology & Marketing Law Blog. Who does that?

Confidentiality 80

Confidentiality Privacy Blogging Reporting 80

Trading Secrets

MAY 5, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill blog. Ethical guidelines: Developing ethical guidelines for the use of AI in financial services could help ensure that algorithms are designed and implemented in a way that is fair and non-discriminatory.

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Privacy Government Technology Marketing 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. Despite Doe v.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. A new frontier for a trade war.].

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Trademark False Advertising Advertising Advertising 136

Trading Secrets

JUNE 28, 2022

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems. the defendant’s conduct consisted of good-faith security research.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The court even finds fault with the way the hyperlink is presented: A web designer must do more than simply underscore the hyperlinked text in order to ensure that it is sufficiently ‘set apart’ from surrounding text. See blog posts on those rulings here and here.).

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Contracts Designs Design Law 110

IP Tech Blog

FEBRUARY 22, 2022

However, The Competition and Markets Authority ( CMA ), the UK regulator responsible for the enforcement of consumer protection legislation, has taken an interest in this area because these clauses and surrounding practices can be problematic from a consumer law perspective if they are not drafted well or conducted properly. The Guidance.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

JULY 19, 2021

TransUnion’s watch list was designed to help businesses avoid transacting with people who were on the restricted list run by Treasury Department’s Office of Foreign Assets (OFAC). This is a defense lawyer bonanza in terms of briefing opportunities in privacy and other cases. The court relied primarily on Clapper , not Spokeo.

Privacy 130

Privacy Reporting Copyright Business 130

LexBlog IP

MAY 5, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill blog. Ethical guidelines: Developing ethical guidelines for the use of AI in financial services could help ensure that algorithms are designed and implemented in a way that is fair and non-discriminatory.

Government 52

Government Privacy Technology Marketing 52

Technology & Marketing Law Blog

AUGUST 19, 2021

This protective measure serves the core, individual rights of Ohioans and Classmates provides no evidence the law was designed as an economic barrier to favor Ohio economic interests. Classmates appeared first on Technology & Marketing Law Blog. PeopleConnect Inc. 2021 WL 3510350 (W.D.

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Advertising Advertising Marketing Marketing 121

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie.

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Designs Design Privacy Business 79

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

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Privacy Designs Design Business 138

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

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Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path. * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Google probably later this week.].

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Cease and Desist Fair Use Copyright Blogging 85

Technology & Marketing Law Blog

MARCH 10, 2022

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Maryland enacted a social media privacy law in 2021. The Spectacular Failure of Employee Social Media Privacy Laws. SF Design Group. Fredman Design Group. In United Federation of Churches v. Christou v.

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Social Media Contracts Ownership Business 80

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

Privacy 52

Privacy Cease and Desist Technology Copyright 52

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. Also consider international markets.

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Trademark Non-Fungible Tokens Branding Brands 62