Public disclosure of private facts is a tort that falls under the general category of invasion of privacy. To establish a claim for public disclosure of private facts, a plaintiff must establish that the defendant has publicly disclosed private facts that are of no concern to the public and that, as disclosed, are offensive to a reasonable person.
This cause of action typically applies where a defendant has published private information concerning an individual that, though true, is of no concern to the public and is not newsworthy. A private fact is typically defined by state law as a detail about one’s private life that is not generally known by others, including facts about an individual’s sex life, sexual orientation, or finances.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
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