95

There is a general belief that a term being trademarked means that it's illegal to use the term without permission from the trademark holder, but that is false. It is illegal only if it is done in a manner that suggests endorsement by the trademark holder. For instance, selling a football as a "Super Bowl football" would be trademark infringement, as it ...


37

Is that extortion? false advertising? or in any way illegal? Not at all. The owner of the site is simply exercising his right as outlined in the terms and conditions from when the user signed up. And giving users an option for continued use of the site (that is, for him not to exercise a right of which they were always aware) does not constitute extortion.


30

Given that this is a UK based company, the most applicable Act would be the Unsolicited Goods and Services Act 1971 A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are ...


26

In the EU this could constitute a misleading advertisement under Article 3 of the Misleading and comparative advertising directive: In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning: (a) the characteristics of goods or services, such as their ...


25

Specifically it can be legal in the United States, where commercial speech (speech made in order to elicit business transactions) is not as strongly protected as political speech (speech containing ideas and beliefs). As a general rule, you must advertise your product truthfully, but that offers a lot of wiggle room that as "exact truth" is ...


23

As far as copyright goes... Pixabay: Yes (with minor exceptions) Pixabay's license is quite broad, and allows for unattributed commercial use with a small number of exceptions. You can't "use images with identifiable brands to create a misleading association with a product or service" or "portray identifiable people in a bad light or in a way ...


18

This is perfectly fine, unless you have a contract which states that they must continue to provide free service until a certain date. If anything, they're doing the right thing by notifying you that things will change so that you can make other arrangements if needed. If they started charging you $20/mo. without your agreement, that would be illegal.


18

This would be illegal in australia The Australian Consumer Protection law prohibits “misleading and deceptive conduct in trade or commerce”. This statement is misleading and probably deceptive. When deciding if conduct is misleading or deceptive, or likely to mislead or deceive, the most important question to ask is whether the overall impression created by ...


17

No, it's not illegal... Ads are shown as a contract between the site that hosts it and the advertising company. The contract does not stipulate that customers need to buy something, in fact, the contract can't force the customer to buy anything! At best, the contract can pay the hosting site based on the ad being shown, clicked, or any sale made after it. ......


16

In the USA, when a creditor tries to collect a debt, the presumed-debtor may demand proof that they actually owe the debt, and that the creditor holds the debt. This can be satisfied by signed contracts, which in the case you describe, would not exist. Detailed, complete phone recordings may also establish proof of the debt. But again, in the situation ...


10

Extortion is a threat to do something unlawful While threats to do something that's harmful for you are a key component of extortion, those threats generally (there are additional, separate provisions for threatening to exposing secrets etc) need to be unlawful . For example, if I haven't paid the bills for some service and they send a letter "pay up or we'...


9

It's not the manufacturers who are wrong. Your definitions of KB, MB, and GB are incorrect. See, for example, NIST. The numbers they are using are not "rounded down," they are the proper standardized definitions of those terms. 1024 bytes is properly termed a kibibyte (or KiB), not a kilobyte. 1024 kibibytes is a mebibyte, MiB. 1024 mebibytes is a gibibyte, ...


8

It isn't obvious that one must be certified to advertise your product as "Kobe Beef" in the United States. The designation "Kobe Beef", in theory, is supposed to operate a lot like a trademark, but it is a geographic designation that presumably belongs to officials from the geographic area, rather than a true trademark that is owned by a private individual ...


8

This actually happens all the time and isn't considered extortion. Essentially, this is nothing more or less than a free service getting monetized after a while. This happens many times per year. For example, earlier this year the Have I been Pwned API has switched from free to paid because of the large amount of abuse: https://www.troyhunt.com/...


8

Legalities aside... You will most likely achieve the opposite with an interesting side effect. The campaign will prove to be very effective (as per the number of clicks), but the side owner may be penalized in some cases for receiving too many clicks. In the past I've had a colleague who used Google Ads on his website. A competitor wanted to harm his website,...


8

It Depends, but Probably Not You may not make copies of someone else's copyright images without permission. Even more, you may not use such images to help you make money without permission. Sites such as Flickr list the available license or permissions for each posted image. Some images will be free for anyone to use in any way. Some will allow use only ...


6

What aspects of this operation are illegal? As described, none of it is legal, it’s a scam. The crime is fraud. Could any of these verbal agreements be enforceable? No.


6

The jurisdiction does matter. Generally, at the national level, the Federal Trade Commission prohibits deceptive advertising. From the FTC's website, "Advertising FAQ's: A Guide for Small Business:" When can a company advertise a "going out of business sale"? The short answer is: only when a store is going out of business. It would be ...


6

Why does a word like “homemade” not constitute false advertising? It is not amount to false advertising when its mention in the advertisement matches the common, ordinary usage of the term. In that case, the advertisement does not deceive or mislead the customers. The law only sanctions practices that are deceptive, not those which are substantially ...


6

Don't risk it I am (or have been) a semi-professional photographer, so I have some background information that I think you might find useful. In general, it's even riskier than David Siegel says in his excellent answer. Just because you have permission to use an image from a photographer or website, doesn't mean that the photographer or website has the ...


5

Under the law of common law contracts, posting a price is an invitation to treat and is not binding. However, in many jurisdictions, there may be (probably is) statutory consumer protection law that make this practice illegal. Whether this means the business must honor the price or merely makes them liable to prosecution and fines depends on the specific ...


5

If the sticker is not easily removable, it would likely fall under defacement of the mail which is illegal according to 18 U.S. Code § 1705 - Destruction of letter boxes or mail: Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or ...


5

A data controller is whoever determines the means and purposes of processing. It is possible that multiple controllers jointly determine the means and purposes. However, someone can only be controller over processing activities where they actually have the ability to influence these decisions (see e.g. the Fashion ID case). The provider of an app does not ...


4

It is capitalized because the word NEXIUM has a conspicuous definition. In other words, they're using it in the specific way they have defined it to mean. This is to differentiate it from any other meaning it may have in some other context. Obviously with NEXIUM, it's a word they just made up and it's very unlikely that it could ever be confused with ...


4

It depends on where exactly in the world you are. In the United Kingdom, you cannot force the shop to trade at the advertised price. They can claim that they made a mistake and refuse. However, they are not allowed to use incorrect pricing to lure customers in. After you try to buy and they refuse because of a mistake, they need to fix that mistake and ...


4

No (in almost all U.S. jurisdictions). Truth or falsity is evaluated when a statement is originally made and doesn't have to remain true forever. Also, generally the law treats an ad like that as an invitation for you to make any offer to them, not a binding offer to form a contract that is held open indefinitely. So you can't force them into a contract ...


4

The formation of a contract occurs at the point where an offer is made and accepted by a person to whom it was made. The acceptance must be in reliance of the offer - if you don’t know the offer has been made you cannot accept it because you lack the intent to create a legal obligation. The reward for the lost dog is the textbook example. A real example is ...


4

I don't know too much about Mauritian contract law, but I'd assume you'd have to identify some legal obligation that the school breached. Here, the school offered you a full ride in its electrical engineering program, and has delivered on its promise. The fact that you don't like the program anymore probably doesn't make then liable for anything. In terms ...


4

This is pretty solid fair use territory. The court will consider how much you copied and whether you needed to, but I don't think they'd think you crossed the line with these facts. Even if they did, that's just one of four factors, and the others generally work in your favor. For a similar case in a New Hampshire governor's race, check out Keep Thomson ...


4

Does a situation like this constitute breach of contract and/or a violation of advertising laws? No. There is not enough information that would lead to a finding of either. It is unclear how customers would be allegedly affected (if at all) by the release of a product at a different store, let alone where the goods or services at issue are digital and ...


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