43(B)log

APRIL 15, 2024

Although she alleged violations of the federal and Minnesota wiretap statutes and the Minnesota health records statute (which all survived the motion to dismiss), I’ll focus on claims under the Minnesota consumer fraud statute, the Minnesota deceptive trade practices statute, and common law claims of invasion of privacy and unjust enrichment.

Privacy 59

Privacy Advertising Advertising Business 59

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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

43(B)log

DECEMBER 29, 2022

Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. Invasion of privacy: Jackson’s allegations supported misappropriation and false light theories. Lanham Act false endorsement: Yep. False advertising: Same.

Blogging 59

Blogging False Advertising Advertising Advertising 59

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. In Gautam Gambhir v.

Personality Rights 81

Personality Rights Privacy Trademark Law False Advertising 81

SpicyIP

OCTOBER 27, 2023

False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. These representations could include false claims about trademarked features, which could result in legal action for false advertising and trademark infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. So the burden falls to Princeton to show that its exclusion is valid.”

Advertising 64

Advertising Advertising Settlement Contracts 64

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.,

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. This opinion raises more questions than it answers.

Social Media 115

Social Media False Advertising Advertising Advertising 115

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Who Cares About Privacy?

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

FEBRUARY 22, 2022

Previously, the court denied Robinhood’s motion to dismiss claims for negligence and violations of the California Consumer Privacy Act (CCPA), the constitutional right to privacy, and the unlawful and unfair prongs of the Unfair Competition Law (UCL). Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.”

False Advertising 86

False Advertising Social Media Publishing Advertising 86

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 86

Blogging False Advertising Litigation Marketing 86

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] There is some exception for actions immediately surrounding death or moment of burial. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

JANUARY 25, 2022

For other statements about the wattage/irradiance of Mito Red’s products, it was not conclusory to allege that Platinum’s statements were false because the products were truthfully advertised as five watts: that alleged falsity even if there could be a factual dispute over measurement.

Designs 59

Designs Design Privacy Blogging 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Here’s a not-so-short list of other laws that might apply to web scraping: Copyright, trademark, breach of contract, unfair competition, unfair and deceptive trade practices, trespass to chattels, conversion, state law trade secrets, the DTSA, tortious interference with a contract, tortious interference with a prospective economic advantage, dilution, (..)

Blogging 116

Blogging Law Contracts Cease and Desist 116

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. Privacy is also a hot topic: CCPA in California is now effective [or as Eric Goldman might say, it’s in effect].

Advertising 40

Advertising Advertising Law Privacy 40

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.

False Advertising 82

False Advertising Government Privacy Designs 82

43(B)log

SEPTEMBER 28, 2021

Luxy also allegedly infringed plaintiffs’ copyrights by copying their terms of use and privacy policy and by using plaintiffs’ trademark “SA” in the description of its privacy policies. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).

False Advertising 72

False Advertising Privacy Advertising Advertising 72

43(B)log

APRIL 27, 2022

Under California law, the right of privacy protects against injury to the feelings/peace of mind, and Indiana and Ohio courts have indicated that their statutory rights also stem from the common-law right of privacy. Would a court in an ordinary false advertising case be so willing to find potential deception?

Privacy 72

Privacy Advertising Advertising False Advertising 72

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. As the minority opinion says in a footnote, “Although the majority compares the right of publicity to patent, copyright, and (especially) trademark rights, they clearly are not the same thing.”

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

SEPTEMBER 20, 2021

Pop star Rihanna has dropped a case instituted by her in 2019 against her father for false advertising and invasion of privacy. The popular database Honey Impact, for the game Genshin Impact, is being threatened to be taken down in light of warnings issued by the legal staff of miHoYo, the game’s developer.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Repair: ???

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) 4) detailed records of works used and their provenance. Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto).

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 25, 2023

Does a link to a privacy policy provide effective notice? 3) double identity and advertising: note that in the US comparisons for house brands are often made on the bottle or package! (4) 4) False advertising has similar theories to those discussed by Burrell in the US: misleading v.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest.

Law 119

Law Branding Brands Branding 119

LexBlog IP

MARCH 1, 2022

Other materials, such as internal documents used to train sales representatives, were held not to violate false advertising laws at all as there was no evidence those materials were ever shown to any physician or consumer. 8: California Privacy Enforcement Update. 9: Colorado and Virginia Follow California’s Privacy Lead.

Social Media 52

Social Media Privacy Advertising Advertising 52