Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

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Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JUNE 7, 2022

20-303 (Office of Attorney General March 10, 2022): “internally generated inferences that a business holds about a consumer are personal information within the meaning of the CCPA, and must be disclosed to the consumer on request. 2022 WL 822925 (D. March 18, 2022). Remember, the CPRA meme is the rolling van on fire.].

Privacy 99

Privacy Social Media Litigation Business 99

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Nothing less will do. Protect Children.

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Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. StopTheSADScheme. It’s not a tax.

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Law Social Media Advertising Advertising 103

Technology & Marketing Law Blog

JANUARY 13, 2024

Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

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Social Media Reporting Designs Design 68

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

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Social Media Law Privacy Government 127

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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Advertising Advertising Reporting Privacy 52

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated What The Bill Says. generated content.”

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Social Media Privacy Law Government 143

Technology & Marketing Law Blog

JULY 8, 2022

First, Snapchat may not have had the legal right to snoop into the conversation due to the ECPA and other privacy laws, so there’s no way for Snapchat to tell if the conversation was about helping with homework or sexual grooming. 2022 WL 2528615 (S.D. July 7, 2022). This matters a lot for the victim’s claims.

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Social Media Designs Design Privacy 104

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. The final version of the INFORM Consumers Act. * Kochava, Inc., 2023 WL 3249809 (D.

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Social Media Privacy Advertising Advertising 73

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

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Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

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Social Media Reporting Government Law 110

Technology & Marketing Law Blog

AUGUST 19, 2022

Tinder social media channels.'” Tinder appeared first on Technology & Marketing Law Blog. ” IP Exception. In Almeida v. Amazon , “the Eleventh Circuit has expressly established that the right of publicity is an intellectual property right.” ” Cites to UCS v. Case citation : Albert v.

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Social Media Intellectual Property Publishing IP 114

Technology & Marketing Law Blog

DECEMBER 14, 2022

If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. Potential irony alert: 50 Cent has taunted Diddy for getting botox … When, if ever, can a company share a photo of a customer/friend on social media without consent?

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Social Media False Advertising Advertising Advertising 116

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 138

43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. For example, it defeated Google+ in part because of privacy concerns, along with network effects. Facebook, Inc.,

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

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Copying Copyright Law Copyright Social Media 102

LexBlog IP

MARCH 2, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 predictions for state attorneys general enforcement in 2022. In 2022, 30 states and one U.S. Prediction No. Prediction No.

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Privacy Marketing Marketing Advertising 52

Traverse Legal Blog

MAY 1, 2022

Included in a standard AUP are clauses specifying the purpose and scope of the policy, the user’s rights and responsibilities, acceptable uses, prohibited uses, and privacy standards. For example, creative teams and marketing teams may need greater access to certain social media websites to look for trends. Pornography.

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Social Media Reporting Business Fair Use 97

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 2] CS (COMM) 819 of 2022. [3] 893 of 2002 (Del) (India).

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. In 2021, a judge rejected several California counties’ challenges to opioid medication marketing materials. 5: Marketing to Minors. Takeaway No.

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Social Media Privacy Advertising Advertising 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

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Personality Rights Privacy Social Media Intellectual Property 62

Technology & Marketing Law Blog

AUGUST 12, 2022

We agree with the Fourth Circuit that “publicly posting on social media suggests an intent to ‘communicate to the public or to advance a political or social point of view beyond the employment context.’” City of Phoenix , 2022 WL 3132422 (9th Cir. Police Department’s Social Media Policy Is Unconstitutional–Liverman v.

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Social Media Privacy Blogging Law 52

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

Fair Use 136

Fair Use Privacy Copyright Technology 136

LexBlog IP

APRIL 18, 2022

The complaint alleges that defendants marketed their products with a Made in the USA label and also featured images of their products with the label on the company’s website and on social media. And that goes double if the product you are marketing incorporates any component parts that are not MUSA.

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IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

DECEMBER 7, 2023

One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.” COY hired MG to develop COY’s subscription platform.

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

AUGUST 7, 2023

I posted the 2022 version. Privacy Review: 16 C.F.R. Part 312, the Children’s Online Privacy Protection Act’s Regulations Overview of the E.U.’s s General Data Protection Regulation (GDPR) and State Consumer Privacy Laws In re. Social Media People v. (Neither Van Buren nor hiQ are that LOL). Lopez (Cal.

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Editing Law Contracts Privacy 52

The IPKat

NOVEMBER 9, 2021

Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. The final topic covered by the first panel was upcycling; a trend that has been on the rise for some time and has now hit mainstream brands and media. that the DSA might be with us in 2022.

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Reporting Law Due Diligence Branding 128

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.” 2022 WL 4372349 (N.D. Case citation : Shared.com v.

Contracts 93

Contracts Social Media Advertising Advertising 93

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. 2022 WL 1990225 (N.D. June 6, 2022).

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” 4, 2022): The KeyBank, SoFi, and Wells Fargo incidents are the best evidence of confusion. ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

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IP Advertising Advertising Copyright 73

LexBlog IP

APRIL 11, 2023

A brand that uses material generated by AI in a public-facing manner – such as in an ad or a social media post – could run the risk of infringing on another’s rights, for which the brand could be held liable. 18, 2022, 2:57pm ET), [link] , and Karen Hao, “What Is ChatGPT? 10, 2023). [2]

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Social Media Branding Brands Branding 52

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

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Copyright Lately

MARCH 6, 2023

In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. The New York Lawsuit The first volley in the parties’ legal battle came in May 2022, when Coakley filed a pro se lawsuit in New York state court against the Bergers and Virtuoso. LFP , Inc. ,

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Copyright Derivative Work Fair Use Social Media 79