LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Late last week, the FTC issued its report following up on the workshop. In any event, the report does provide at least some additional insights that may help marketers to avoid unlawful dark patterns.

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Reporting Privacy Advertising Advertising 52

The IPKat

NOVEMBER 9, 2021

of global trade; and in a recent EU IPO report, it was found that as many as 1 in 3 people have been misled into buying counterfeits. Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. Its reach is wider than that; and that’s not a bad thing.

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Reporting Law Due Diligence Branding 128

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

Technology & Marketing Law Blog

AUGUST 24, 2022

Furthermore, by disregarding the compliance costs, the CPPA has denigrated/trivialized the important, complicated, and smart work of thousands of privacy professionals. We’ve had these transparency reports for over a year–is there any field data showing any benefit from the existing obligations? MCGA / #DefundCPPA.

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Privacy Blogging Business Government 119

Technology & Marketing Law Blog

JULY 11, 2021

Alba Web Designs, LLC, 2021 WL 280065 (W.D. May 21, 2021): navigating Google’s user-facing privacy representations is a singularly fragmented affair. In a lawsuit over free previews for background reports, the court refuses Whitepages’ motion to dismiss. Facebook, Inc. 2021 WL 214206 (N.D. ” Quirky opinion.

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Privacy Social Media Government Confidentiality 69

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”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

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Privacy Reporting Advertising Advertising 52

LexBlog IP

SEPTEMBER 14, 2021

In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

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Privacy Cease and Desist Government Reporting 52

The IPKat

AUGUST 19, 2021

These recommendations are part of a Report of the Standing Committee, which recommended revising Indian’s IPR legislation to ‘extract benefits from AI’. The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable. Kluwer Trademark Blog reported here on this ruling.

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Blogging IP Privacy Reporting 62

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

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Intellectual Property False Advertising Designs Design 52

Michael Geist

DECEMBER 13, 2022

After a review for grammatical, editorial, and translation issues, the committee is expected to finalize its report back to the Senate later today. designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. Added a right of privacy and a requirement (5(2)(g) of protecting privacy.

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Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy.

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Blogging Contracts Fair Use Copyright Law 109

Technology & Marketing Law Blog

JULY 19, 2021

A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. If “Joe Smith” was on the OFAC list, TransUnion flagged the credit reports of all Joe Smiths. The class consisted of approximately 8,000 members.

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Privacy Reporting Copyright Business 129

TorrentFreak

DECEMBER 22, 2022

In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. Some use confusingly similar domains that are designed to mislead potential customers, TIR says. TIR claims that enforcing its rights is all but impossible due to these privacy services.

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Privacy Copyright Infringement Trademark Copyright 117

TorrentFreak

NOVEMBER 13, 2022

Many arrests have been reported too, not to mention anti-piracy action in the ‘ metaverse ‘, which may (or may not) yet exist. A reported 1.5 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.

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Cinema Television Reporting Privacy 90

LexBlog IP

JULY 20, 2022

Every year since 2009, the United State Department of Justice (“DOJ”) has published a report that details actions the DOJ has taken to implement Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO IP Act”).

Reporting 52

Reporting IP Intellectual Property Intellectual Property Law 52

TorrentFreak

JANUARY 2, 2023

When the report was published early December 2022, just one of the most popular apps was listed in the ‘Piracy Apps’ section. “Stakeholders from the audiovisual sector reported IPTV Smarters for inclusion in the Watch List as an IPTV turnkey solution from India,” the Commission wrote ( pdf ).

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Reporting Copyright Television Government 134

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. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

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Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

JULY 20, 2022

that if she reported him, he would release the videos and pictures and she would get arrested… Fordyce has been. ” The court says: Omegle could have satisfied its alleged obligation to Plaintiff by designing its product differently—for example, by designing a product so that it did not match minors and adults.

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Blogging Designs Design Editing 116

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.

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Social Media Privacy Designs Design 85

Technology & Marketing Law Blog

NOVEMBER 8, 2021

In this context, those mandates can take many forms, including mandatory disclosures of editorial policies, mandatory explanations of decisions, and publication of statistics about editorial operations (what is often called “transparency reports”). ” Washington Post v. McManus (4th Cir. See my RightsCon talk on this topic.

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Government Publishing Privacy Reporting 118

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? Whatever the diagnosis was, ZD reported her consequences from the Facebook posting included: her fiancé broke up with her. I can think of a few potential privacy claims.

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Confidentiality Privacy Blogging Reporting 79

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. You need to know about the reasonably foreseeable risks and impact of your AI product before putting it on the market. Fair Credit Reporting Act.

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Social Media Advertising Advertising Technology 231

Michael Geist

SEPTEMBER 13, 2022

The bill is ostensibly designed to support Canadian creators, yet many fear it will do the opposite. The Price Waterhouse Coopers report involved a survey of 1,000 U.S. The Price Waterhouse Coopers report involved a survey of 1,000 U.S.

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Reporting Government Television Privacy 95

LexBlog IP

DECEMBER 30, 2022

In July, we reported that Katherine Vidal, the Undersecretary of Commerce for Intellectual Property and Director of the USPTO, published a letter summarizing several initiatives designed in collaboration with the FDA to “get[] generic, biosimilars and more affordable versions of [] drugs into the hands of Americans.”

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Reporting Patent Application Intellectual Property Marketing 52

LexBlog IP

NOVEMBER 15, 2023

With rising concern about the potential for market consolidation in this area, the Order also instructs the federal agencies that are developing AI-related policies and regulations to promote fair competition in the AI market.

Privacy 40

Privacy Intellectual Property Government Technology 40

IP and Legal Filings

NOVEMBER 8, 2022

NHTSA in one of its concluding reports held that its mostly the human choice or error that forms the crude margin of accidents on highways, amounting to as high as 94%. [1]. When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market.

Privacy 52

Privacy Technology Government Designs 52

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. You need to know about the reasonably foreseeable risks and impact of your AI product before putting it on the market. Fair Credit Reporting Act.

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Social Media Advertising Advertising Technology 246

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. So do not expect reports on the new topics for quite a long time.

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Social Media Reporting Journalism Advertising 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.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

OCTOBER 2, 2023

UK House of Commons, The governance of artificial intelligence: interim report On 31 August 2023, the UK’s House of Commons issued a report with recommendations on various legal issues (including copyright) and AI. Read more here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

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.

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Designs Design Privacy Business 78

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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Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

MARCH 25, 2024

The case relates to CCDH reports showing Twitter’s struggles with hate speech and misinformation following Musk’s changes to Twitter’s content moderation policies. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. We need more of that.

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Litigation Contracts Advertising Advertising 85

IP Tech Blog

JULY 18, 2023

And it couldn’t have come at a better time—according to a recent report from Goldman Sachs, AI is putting 44% of legal jobs at risk. 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. This doesn’t sound so great.

Business 52

Business Law Social Media Reporting 52

TorrentFreak

JULY 13, 2023

Over time, several hundred domains reappeared online with similar branding, but none were as relevant or persistent as those previously removed from the market. “To close the website completely, avoiding the situation of it closing and then opening,” a local news outlet reported.

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Branding Brands Branding Registration 85

Technology & Marketing Law Blog

JULY 31, 2022

I helped pass legislation to enhance accountability across social networks and ensure users can easily report hateful content. Definition of “social media” is “internet platforms that are designed to enable users to share any content with other users or to make such content available to the public.”

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Social Media Reporting Government Law 108

LexBlog IP

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. And in February 2022, Nike, Inc.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52