Posts from June 2024.
Time 3 Minute Read

The Children’s Advertising Review Unit (CARU) of BBB National Programs announced an investigation into the popular kids YouTube channel “Vlad and Niki,” owned by Content Media Group FZC, LLC (CMG), which produces videos under various licensing and merchandising agreements. Because these agreements obligate CMG to produce the videos and allow CMG to share in generated revenue, CARU considers CMG an endorser of the products in Vlad and Niki videos and subject to CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Time 5 Minute Read

On May 2, 2024, the Federal Circuit issued a decision ruling that initiation of an e-commerce website’s procedure to evaluate patent infringement claims subjects the initiating party to personal jurisdiction in the alleged infringer’s home state. Retailers and consumer products companies may wish to consider the possibility of ending up in federal court in a non-preferred venue prior to using one of these programs.

Time 4 Minute Read

On May 9, 2024, the First Circuit became the first federal appellate court to address whether national retail websites’ use of session replay code creates specific personal jurisdiction for wiretapping claims allowing website users to hale retailers into court in any state where they visited these websites. The First Circuit concluded that it does not. It held that a website user failed to demonstrate that Ohio-based Bloomingdales.com intentionally targeted its website and its accompanying use of session replay software at users in Massachusetts and, therefore, failed to establish specific personal jurisdiction over Bloomingdales.com for alleged violations of the Massachusetts Wiretapping Act and Massachusetts Invasion of Privacy Statute. Rosenthal v. Bloomingdales.com, LLC, No. 23-1683, 2024 WL 2074685 (1st Cir. May 9, 2024). 

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