Contracts False Advertising Licensing Privacy 
Technology & Marketing Law Blog
SEPTEMBER 9, 2022
“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. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Oops.
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). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,
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.
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. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Jose Antonio Arochi: Mexico doesn’t have specific regulations.
Technology & Marketing Law Blog
APRIL 27, 2024
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros.
43(B)log
AUGUST 3, 2023
3) reasonable measures to safeguard privacy interests. (4) Sheff: What about licensing/merchandising in this system? Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). 57% say sellers could be liable for false etc.
43(B)log
FEBRUARY 19, 2022
licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. Amazon may also be able to redefine information by contract. Law can shape roles: set exit and entry conditions (e.g. and so Amazon swoops in.
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