LexBlog IP

JULY 13, 2021

The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. Below are some of the key questions to think through to assess issues related to data use (privacy) and cybersecurity in esports.

Privacy 59

Privacy Publishing Social Media Law 59

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

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. 7) Governments loot Google and Facebook under the pretense of “saving” journalism. The money doesn’t go to the government. Incredible.

Law 102

Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

AUGUST 10, 2022

Monday, I covered AB 2273, the Age-Appropriate Design Code. Age and identity authentication have numerous downsides and tradeoffs, including creating privacy and security risks for minors. The affirmative defense (which partially negates liability if a government-designated censor approves the service offering) is miscalibrated.

Social Media 118

Social Media Blogging Privacy Government 118

LexBlog IP

SEPTEMBER 14, 2021

Not only are public and private companies increasingly targeted for cyber-attacks, but local and state governments across the country are as well. Among other uses, the bill would allocate funds to improve the cybersecurity of state and local governments — entities that malicious actors have targeted with increased frequency.

Privacy 52

Privacy Cease and Desist Government Reporting 52

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.

Marketing 98

Marketing Marketing Advertising Advertising 98

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.

Copyright 67

Copyright Art Designs Design 67

The IPKat

AUGUST 19, 2021

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. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 62

Blogging IP Privacy Reporting 62

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). 09/22/22 – Industrial Designs. 09/22/22 – Trademarks and Consumer Protection. Original source in Spanish. 09/22/22 – Consumer Protection.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

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.

Social Media 79

Social Media Ownership Designs Design 79

Trading Secrets

MAY 5, 2023

How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? The most egregious tools are assigned “unacceptable risk, such as government-run social scoring of the type used in China.” These would be outright banned.

Privacy 52

Privacy Government Technology Marketing 52

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. The DoCA had illustrated 10 practices as dark patterns.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). Key laws that govern dark patterns include: Section 5 of the FTC Act (15 U.S.C.§

Privacy 52

Privacy Reporting Advertising Advertising 52

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. Autonomous refers to acting and governing alone in accordance to state of play in hand while the correct term for the usage should be automated; control by the equipment in the process. [3]

Privacy 52

Privacy Technology Government Designs 52

LexBlog IP

MAY 5, 2023

How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? The most egregious tools are assigned “unacceptable risk, such as government-run social scoring of the type used in China.” ” These would be outright banned.

Government 52

Government Privacy Technology Marketing 52

LexBlog IP

MAY 4, 2023

How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? The most egregious tools are assigned “unacceptable risk, such as government-run social scoring of the type used in China.” ” These would be outright banned.

Government 52

Government Privacy Technology Marketing 52

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. Books and Academic Articles. NetChoice LLC v.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

AUGUST 2, 2022

It hurts the kids by depriving them of valuable social outlets and educational resources; it hurts adults by requiring age (and likely identity) verification to sort the kids from adults; and the age/identity verification hurts both kids and adults by exposing them to greater privacy and security risks. What the Bill Says. Child = under 18.

Social Media 85

Social Media Privacy Designs Design 85

IP and Legal Filings

OCTOBER 18, 2022

The Nepal Privacy Act was passed in September 2018. The Privacy Act, which implemented the constitutional right to privacy, had a big influence on how personal information was used legally. Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. Conclusion.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

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.

Fair Use 136

Fair Use Privacy Copyright Technology 136

TorrentFreak

NOVEMBER 13, 2022

government seized a few pirate music domains on Brazil’s behalf not long after. For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine. Coincidentally, perhaps, the U.S. New Methodology For Calculating Fines.

Cinema 90

Cinema Television Reporting Privacy 90

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns.

Publishing 94

Publishing Government Contracts Law 94

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

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. What’s Regulated? A new frontier for a trade war.].

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Trademark False Advertising Advertising Advertising 136

Michael Geist

SEPTEMBER 13, 2022

The bill is ostensibly designed to support Canadian creators, yet many fear it will do the opposite. For the independent production sector, there was a late change to the bill as part of the government’s rush to pass it without committee debate that could undermine an essential policy that supports the film and television sector.

Reporting 95

Reporting Government Television Privacy 95

TorrentFreak

JULY 13, 2023

After the US Ambassador to Vietnam got involved in 2018, calling on government officials to launch criminal prosecutions , several persistent sites suddenly shut down. Over time, several hundred domains reappeared online with similar branding, but none were as relevant or persistent as those previously removed from the market.

Branding 85

Branding Brands Branding Registration 85

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). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. [Sorry it’s take me this long to get this blog post off my desk.

Designs 78

Designs Design Privacy Business 78

TorrentFreak

JANUARY 2, 2023

“It is reported to be an IPTV software solution, which trades under the brand name WHMCS Smarters and offers website design and development, customized apps on several platforms and a billing platform. The operators also offer an IPTV media player through the IPTV Smarters Pro APP.” Smarters Player (Credit: WHMCSSmarters ).

Reporting 134

Reporting Copyright Television Government 134

LexBlog IP

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.

Law 52

Law Contracts Business Marketing 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

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.

Privacy 137

Privacy Designs Design Business 137

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The court says that either New York or California law governs, and the result would be the same under either state’s law. The underlying case is a putative TCPA class action. The zip code was pre-populated and the consumer clicked on a button that said “this is correct, continue!

Contracts 110

Contracts Designs Design Law 110

LexBlog IP

NOVEMBER 28, 2023

Taken together with other EU digital and privacy regulations – such as the Digital Services Act, Digital Operational Resilience Act and General Data Protection Regulation – the interlocking effect of such regulation will be challenging to navigate.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

MAY 2, 2022

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. It also sidesteps the dispute regarding whether hiQ is still in business. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

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Cease and Desist Contracts Privacy Business 110