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BBB Issues OBA Warning: What You Should Know and What to Do About It

The Online Interest-Based Advertising Accountability Program just released another compliance warning, stating that the use of Interest-Based Advertising (IBA) in native advertising must comply with the Digital Advertising...more

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

Alice was a Game-Changer: Federal Circuit Changes Course on Advertising Patent

The third time is the charm in Ultramercial v. Hulu: After twice finding that an advertising method patent was directed to patent eligible subject matter, the Court of Appeals for the Federal Circuit’s third Ultramercial...more

Status Updates - November 2014 #10

Commercial free content. Would you pay to diminish the number of ads that appear on your screen while you surf the Web? Google is testing a service that will allow users to do just that. The service, called Contributor, will...more

Three Rounds to Knock Out Ultramercial’s Patent on “Advertising as Currency”

After sparring three separate rounds at the Court of Appeals for the Federal Circuit, in a panel opinion authored by Judge Lourie, the Federal Circuit affirmed the district court’s grant of Defendant WildTangent’s pre-answer...more

IP Newsflash - November 2014 #3

DECISIONS ON PATENTABLE SUBJECT MATTER UNDER ALICE CORP. - Federal Circuit Invalidates Patent Using the Supreme Court’s Alice Corp. § 101 Analysis - On November 14, 2014, the Federal Circuit held a patent...more

OBA Accountability Program Enforcement

On October 28, 2014, the Online Interest-Based Advertising Accountability Program issued a press release detailing several decisions that commence the promised enforcement of its 2013 Compliance Warning to website publishers...more

A “New World” of Fashion and Food

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters...more

Ultramercial: Software Patent Invalidated After Application of Alice, Patent Eligibility Becoming Threshold Question for...

The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme...more

Another Software Patent is Ruled Patent-Ineligible - Are Business Method and Software Patents at Risk?

On November 14, 2014, in a much-anticipated decision following the U.S. Supreme Court’s decision in Alice v. CLS Bank, a unanimous U.S. Court of Appeals for the Federal Circuit held in Ultramercial, L.L.C. v. WildTangent,...more

Status Updates - November 2014 #8

..Pay to play. Attention, marketing professionals: The free ride that Facebook has been giving to advertisers is coming to end. We’ve recently discussed Facebook’s recently ban on “like” gating. Now, inspired by its users’...more

Status Updates - November 2014 #7

..Laundry time. Make sure you are getting what you’re paying for. That’s good advice in a lot of areas of human endeavor and it’s certainly true of online advertising. We wrote last month about efforts by the online...more

Status Updates - November 2014 #3

..Lyfted documents? Uber and Lyft, two ride-sharing companies that are both expanding rapidly and trying to take business away from traditional taxis in cities across the nation, have never been on the best of terms. Their...more

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

Status Updates - October 2014 #13

..Back to the future. Socially Aware readers – and editors – of, uhm, a certain age will fondly recall how, during the early days of the dotcom era, we hung out on message boards and in chat rooms discussing (some might say...more

Status Updates - October 2014 #11

..Clearing the air. Aereo, the startup broadcasting service that lost big in the U.S. Supreme Court last June, just lost another, and possibly its last, court battle. A U.S. district judge in the Southern District of New...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more

California Continues to Regulate Privacy and Advertising to Minors in New Law Regulating School-related Online Services

On September 29, 2014, California Governor Jerry Brown signed SB 1177 into law, effective Jan 1, 2015. The new privacy and advertising regulation goes beyond FERPA, the federal student privacy law, and existing state student...more

FTC Warns Advertisers to Check the Fine Print in “Operation Full Disclosure”; Shot Across the Bow Could Signal Law Enforcement...

The Federal Trade Commission (FTC) announced this week that it sent warning letters to more than 60 national advertisers regarding the inadequacy of disclosures in their television and print ads. The letters are part of an...more

Status Updates - September 2014 #10

Hooray for Hollywood. According to a new study by KPMG, television and movie viewers have never had it better. A report by the consulting company found that the overwhelming majority of well-known movies and television shows...more

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

Status Updates - July 2014 #14

..Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer...more

Malvertising: Senate Committee Releases Report

Terms like “web security” and “data breach” are now familiar to most Americans in light of recent, significant issues with the websites and databases of some large U.S. companies. But web security encompasses more than just...more

Are You Getting The Most Bang For Your Buck With Online Advertising?

Online advertising is unavoidable for most businesses given that large percentage of Americans spend a significant amount time in a day staring at a computer screen or glued to their mobile devices. Video ads, for example,...more

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