IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 52

Advertising Advertising Social Media Publishing 52

LexBlog IP

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. The ASA standard is now effectively a ‘strict liability’ offence.

Advertising 52

Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. FWIW, I raised this issue as a possible paper topic in 2008. Section 230. ” (Tautology alert).

Advertising 90

Advertising Advertising Social Media Blogging 90

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way. .”

Litigation 52

Litigation Advertising Advertising Reporting 52

LexBlog IP

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

Technology & Marketing Law Blog

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. As legal commentators have observed for decades, the question is often teed up where, as here, state-law claims draw upon a standard form contract.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” And Congress gave the Secretary the authority to “adjust the type size, text and format of the label statements” for clarity, conspicuousness, and legibility.

Advertising 64

Advertising Advertising Social Media Government 64

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. Author: Yagya Agarwal, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. [1]

Government 73

Government Business Reporting Confidentiality 73

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. This leaves us with a rather deep split of authorities. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

SEPTEMBER 12, 2022

A copyright’s primary topic is what it protects and the standards by which it is protected. The theory of the sweat of the brow, which holds that if the author made an effort to think of the work, it is unique, was developed in the case of University of London Press Ltd. Author of Copyright. Cinematographic Work.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

TorrentFreak

APRIL 10, 2024

These activities are nefarious by any definition, detrimental to our industry by any standard, and dangerous for the rights of creators and consumers by any measure,” Rivkin warnned. ” As stories go, it’s as compelling as a synopsis accompanying a good film on Netflix which promises and then delivers, exactly as advertised.

Television 101

Television Business Reporting Law 101

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

MAY 2, 2023

Federal Government Initiatives Recently announced federal government initiatives seek to leverage collective authorities to monitor the development and use of AI and automated systems. This Guidance covers some important topics. If you have not done so yet, now is a good time to get started. ” Joint Statement at 2.

Government 52

Government Business Copyright Licensing 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. There aren’t as many cases day by day and that lack of emphasis from the authorities affects behavior.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

DECEMBER 26, 2023

There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist. There have been some court decisions on this precise topic, but the law is not completely settled. Only the human-authored parts can be protected. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

JULY 19, 2021

Topical Highlight. She also highlights another surprising change i.e., the inclusion of the requirement of written authorization from the author of a film. Not obtaining the author’s consent might lead to heavy penalties. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. On appeal, plaintiff argued that the district court did not correctly apply the plausibility standard under the DTSA. Plaintiff and corporate defendant compete to sell radio advertising time to businesses. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. Note: this is my first blog post on a High Court of Australia opinion, though I had a guest blog post from a decade ago about keyword advertising. Note: standard homeowners/rental insurance policies may provide coverage for defamation liability.].

Publishing 97

Publishing Social Media Blogging Law 97

Technology & Marketing Law Blog

MAY 25, 2022

Though this is a major win for free speech online, the panel unfortunately adopted an overly lax legal standard for evaluating mandatory editorial transparency laws, so it lifted the injunction for some provisions. Some of these provisions may not survive on remand, however. “S.B.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

DECEMBER 24, 2023

The Evolution of Copyright and Translation Terms in India: Part II- The Differing Views on the Term of Copyright Continuing the discussion on the terms of copyright, in Part II Prachi Mathur details the different perspectives among the parliamentarians on the terms of copyright considering the benefits for the author v. DRS Logistics (P.)

Registration 52

Registration Trademark Copyright Registering Trademarks 52

TorrentFreak

NOVEMBER 26, 2021

Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. In common with all complex pieces of legislation, the final text will probably fall short in meeting everyone’s demands but at the moment, interested parties are doing whatever they can to ensure that their interests are taken care of.

Due Diligence 120

Due Diligence Music Business Copyright 120

LexBlog IP

JULY 21, 2021

But it runs deeper and further back for this author , and provides for a broader discussion, as it seems to be an issue many countries have addressed, differently, as my research here has revealed. Compendium’s unforgiving standard. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

[ This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah ]. The final selection of all the lists, their summaries and mistakes (if any) remain those of the authors’ alone. a) Top 10 IP Judgements/Orders (Topicality/Impact) 1. The judgement was authored by Justice C.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers.

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). One bill, the Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics (Stop STALLING) Act (S.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] ” It reiterates: “the RNC has not cited any authority to establish that an email provider such as Google is a common carrier, and the Court is unaware of any.” [My blogging queue has gotten backlogged.

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Thus the Platforms, unlike newspapers, are primarily “conduit[s] for news, comment, and advertising.”” “the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. ” [Conduits. Wait…what? It gets worse. ” This is wrong.

Social Media 137

Social Media Publishing Law Blogging 137

Technology & Marketing Law Blog

JULY 28, 2022

.”…O’Connor-Ratcliff and Zane unequivocally “cloaked” their social media accounts “with the authority of the state.”” Either way, the court says the trustees’ blocking doesn’t satisfy the lower review standards applied to time/place/manner restrictions. Ziegenhorn.

Social Media 88

Social Media Government Technology Law 88