Technology & Marketing Law Blog

AUGUST 8, 2022

The only profitable approach for businesses is to screen for users’ age and categorically deny services to any minors, period. The delegation of additional work onto the California Privacy Protection Agency (CPPA) contradicts the voters’ clear instructions. Furthermore, the bill’s liability schemes cannot be managed or mitigated.

Designs 93

Designs Design Privacy Blogging 93

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. It plays a crucial role in distinguishing a product from others in trade and depending on how appealing it is, increases business output for the person who is engaged in the manufacture, distribution and selling of the product.

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Designs Design Intellectual Property Law Artistic Work 52

Technology & Marketing Law Blog

AUGUST 22, 2022

One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC). The AADC requires businesses to adopt protective practices for children. However, to achieve this outcome, businesses must know which users are kids. However, to achieve this outcome, businesses must know which users are kids.

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Privacy Business Blogging Publishing 126

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected. .”

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Privacy Reporting Designs Design 40

LexBlog IP

JANUARY 19, 2023

However, for years (and even under the FTC’s overreaching proposed rule), non-competes in the sale of business context have generally received less scrutiny. The Delaware Chancery Court threw the deal world a curveball when it recently declined to enforce a sale of business non-compete.

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Business Ownership Blogging Designs 52

Technology & Marketing Law Blog

JANUARY 18, 2024

The court got there by collapsing the distinction between (1) businesses discriminating against buyers based on their identity, and (2) advertisers allocating scarce advertising dollars to highlight their offerings to the most interested consumers. 4) Social media “defective design” lawsuits go forward.

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Law Social Media Advertising Advertising 102

Olartemoure Blog

SEPTEMBER 23, 2022

The credit line will grant loans of up to USD 450,000 for projects related to the Bioeconomy at an interest rate of 1% for small and medium-sized businesses and 4% for large businesses. 09/22/22 – Data Privacy. 09/22/22 – Industrial Designs. Original source in Spanish. 09/22/22 – Consumer Protection.

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Intellectual Property Advertising Advertising Designs 105

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

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Marketing Marketing Confidentiality Social Media 52

Patently-O

JUNE 7, 2023

The company’s substantial business activities in Texas, which include marketing, selling, and servicing the accused products, did not significantly impact the 1404(a) jurisprudence in this case. In 2022, Virtru Corporation sued Microsoft for infringing three of its data privacy patents: US8589673, US8874902, and US9578021.

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Litigation Privacy Patent Infringement Patent 115

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. In EU law, the Design Directive and Regulation govern the relationship between copyright and design protection for works of applied art.

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Copyright Art Designs Design 67

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

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Reporting Privacy Designs Design 52

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them. From this, the system “learned” that men were more desirable candidates.

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Business Law Social Media Reporting 52

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. The post X Corp.

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Blogging Contracts Fair Use Copyright Law 109

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.

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Marketing Marketing Advertising Advertising 98

LexBlog IP

SEPTEMBER 22, 2021

In 2017, ABL engaged a private equity fund manager—and its operating partner Anthony Zolezzi—to explore business opportunities. With an application to the mouth and nose, the antiviral spray aids in naturally flushing pathogens and foreign particles in the digestive tract. The case is Applied Biological Laboratories, Inc.

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Business Confidentiality Technology Design Patent 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.

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Cease and Desist Privacy Litigation Technology 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. We blogged this case twice before.

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Social Media Ownership Branding Brands 98

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

IP Tech Blog

FEBRUARY 22, 2022

They provide certain benefits to businesses, such as offering predictable revenue. Following this investigation, the CMA released new practical Guidance ( Guidance ) for businesses offering subscription services, which is based on the CMA’s interpretation of consumer law. Subscription-based contracts are common. The Guidance.

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Law Contracts Business Marketing 62

Technology & Marketing Law Blog

AUGUST 2, 2022

This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. I explain all of this in my post on AB 2273 (the AADC) , which redundantly also would require platforms to authenticate all users’ ages to avoid business-ending liability.

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Social Media Privacy Designs Design 85

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 136

Velocity of Content

SEPTEMBER 29, 2022

Even if someone has not heard of standards, they have none the less benefited from their outcomes through enhanced design, development, and service technologies. These formulas are generally referred to as “standards.”. video, audio) are becoming more dominant.

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Technology Intellectual Property Privacy Designs 98

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.

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False Advertising Social Media Publishing Advertising 86

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). And they are not providing the customers with anything new with an act like that.”

Designs 59

Designs Design Privacy Blogging 59

LexBlog IP

AUGUST 25, 2023

.” Melanie Lane, Attorney Jenka Lab, the owner of exclusive rights to the software and multiple federal copyright registrations for the gaming codes and graphics used in these games, has registered its word and design marks with the United States Patent and Trademark Office.

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Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The AADC would require many businesses to sort their online visitors into adults and children–necessarily requiring age authentication–so that children can receive heightened statutory protections.

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Designs Design Privacy Business 78

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.

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Privacy Advertising Advertising Television 52

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. In any event, the report does provide at least some additional insights that may help marketers to avoid unlawful dark patterns. First up are the design elements that induce false beliefs.

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Reporting Privacy Advertising Advertising 52

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? she lost several clients for her business. I can think of a few potential privacy claims. Community Health appeared first on Technology & Marketing Law Blog.

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Confidentiality Privacy Blogging Reporting 79

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.

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Privacy Reporting Copyright Business 129

TorrentFreak

NOVEMBER 13, 2022

Under powers inherited from the Ministry of Communications, telecoms regulator Anatel (Agência Nacional de Telecomunicações) together with movie group Ancine (Agência Nacional do Cinema) will also implement an internet blocking system designed to disrupt IPTV pirates’ ability to do business. New Methodology For Calculating Fines.

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Cinema Television Reporting Privacy 90

LexBlog IP

FEBRUARY 22, 2022

They provide certain benefits to businesses, such as offering predictable revenue. The CMA explains that ‘ professional diligence is an objective standard and applies to all aspects of the business’ activities. It is intended to reflect what a reasonable person should be able to expect from a fair dealing business.

Law 52

Law Contracts Business Marketing 52

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Maryland enacted a social media privacy law in 2021.

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Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

AUGUST 19, 2021

The court does a Pike balancing test: Classmates fails to offer any convincing rationale why the burden imposed on its interstate business is clearly excessive in light of Ohio’s desire to prevent non-consensual commercial use of Ohioans’ personas. Classmates appeared first on Technology & Marketing Law Blog.

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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. Second, even if businesses treated all consumers (i.e.,

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

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. ” I mean, pretty much every physical product meets this definition, right?

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IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. Today, there are about 2100 FinTech businesses in India; the majority of which were founded in the previous five years.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52