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March 22, 2023

Intellectual Property & Technology Law Journal

By: Stephen J. Newman

Neither Courts nor the Federal Trade Commission (FTC) have addressed whether and to what degree the First Amendment may protect advertising techniques that make use of supposed “dark patterns.” Although the FTC held a workshop on dark patterns in April 2021 and subsequently issued a more detailed report, there is no specific regulation governing which practices are unlawful or under what circumstances.

In the April edition of the Intellectual Property & Technology Law Journal, Partners Stephen Newman and Allen Denson, along with Associate Jimmy Ma, address potential First Amendment and similar limitations on dark patterns enforcement theories.

Click here to read the full article and here to read our prior Stroock Client Alert.

March 22, 2023

Intellectual Property & Technology Law Journal

By: Stephen J. Newman

Neither Courts nor the Federal Trade Commission (FTC) have addressed whether and to what degree the First Amendment may protect advertising techniques that make use of supposed “dark patterns.” Although the FTC held a workshop on dark patterns in April 2021 and subsequently issued a more detailed report, there is no specific regulation governing which practices are unlawful or under what circumstances.

In the April edition of the Intellectual Property & Technology Law Journal, Partners Stephen Newman and Allen Denson, along with Associate Jimmy Ma, address potential First Amendment and similar limitations on dark patterns enforcement theories.

Click here to read the full article and here to read our prior Stroock Client Alert.

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