Contracts Designs False Advertising Privacy 
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. False Advertising.
43(B)log
JUNE 6, 2023
Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Technology & Marketing Law Blog
DECEMBER 9, 2022
Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.
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. Normally trademark owners aren’t third-party beneficiaries of that contract. A new frontier for a trade war.].
43(B)log
FEBRUARY 24, 2021
Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Designed in US” can also work.
Technology & Marketing Law Blog
APRIL 27, 2024
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.
43(B)log
AUGUST 3, 2023
Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. 3) reasonable measures to safeguard privacy interests. (4) 57% say sellers could be liable for false etc. But is generative AI really the same? FTC and FDA think this already!
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