Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. However, as always, Public Domain Day 2024 will be accompanied by lots of caveats, asterisks and traps for the unwary.

Public Domain 118

Public Domain Music Copyright Publishing 118

LexBlog IP

JANUARY 11, 2024

” The SEC’s X account was compromised on Tuesday, January 9, 2024, and a fake post was published that in essence said the SEC had granted approval for Bitcoin ETFs, along with a fake quote from SEC Chairman Gary Gensler. This incident illustrates how social media platforms can be used for disinformation with dramatic consequences.

Social Media 52

Social Media Marketing Marketing Publishing 52

Technology & Marketing Law Blog

MAY 22, 2024

2024 WL 2260718 (M.D. May 17, 2024) I’m blogging this one for completeness because I remain fascinated by the incredible futility of account termination/content removal lawsuits. This case got a little media coverage in October. Facebook , 2024 WL 2260363 (D. May 15, 2024) A followup to this post.

Litigation 69

Litigation Social Media Government Publishing 69

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

Social Media 62

Social Media Reporting Intellectual Property Publishing 62

Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. March 18, 2024) The post Buffalo’s Mass-Murder Leads to a Wrong Section 230 Decision–Jones v. Mean appeared first on Technology & Marketing Law Blog. Case Citation : Jones v. Supreme Ct.

Social Media 101

Social Media Designs Design Blogging 101

Technology & Marketing Law Blog

FEBRUARY 11, 2024

Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment.

Copyright Infringement 83

Copyright Infringement Social Media Copyright Licensing 83

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)

Social Media 68

Social Media Reporting Designs Design 68

Technology & Marketing Law Blog

JANUARY 19, 2024

” (Would the Florida or Texas social media censorship laws create that entitlement?) In fact, both/all sides of the Hamas/Gaza situation routinely claim that social media services don’t adequately promote their side of the story and gives too much priority to the other side’s story. Meta Platforms, Inc.

Social Media 76

Social Media Publishing Law Blogging 76

Technology & Marketing Law Blog

MARCH 26, 2024

One of the DSA’s standout features is that it imposes due process-like obligations on non-governmental actors, as if there is no meaningful distinction between taxpayer-funded public actors and market-supported private actors. Intermediaries (Guest Blog Post) How Will the Digital Services Act (DSA) Affect the European Internet?

Social Media 78

Social Media Blogging Government Marketing 78

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” Actual confusion: none, despite market coexistence since September 2020; favored Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

APRIL 1, 2024

The court cites the Social Media Addiction ruling for the proposition that “social media companies do have a duty to exercise due care in managing their platforms.” 2024 WL 1268420 (N.D. March 26, 2024). Roblox appeared first on Technology & Marketing Law Blog. Negligence.

Social Media 77

Social Media Blogging Publishing Designs 77

Technology & Marketing Law Blog

FEBRUARY 10, 2024

Google, LLC , 2024 WL 476944 (N.D. 7, 2024) Selected Posts About State Action Claims Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Google Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Case Citation : Albertson v.

Social Media 96

Social Media Government Publishing Blogging 96

Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” 2024 WL 2021896 (N.D.N.Y. May 6, 2024) The post Section 230 Preempts Product Design Claims–Lama v. ” Cites to Mosha v. Facebook , Herrick v.

Designs 80

Designs Design Social Media Publishing 80

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. Battles over politician-operated social media accounts. StopTheSADScheme.

Law 103

Law Social Media Advertising Advertising 103

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

APRIL 20, 2024

2024 WL 1693355 (9th Cir. April 19, 2024) Selected Jawboning Posts Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Google Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Case Citation : Hart v. Facebook, Inc.

Social Media 76

Social Media Government Publishing Litigation 76

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

Social Media 59

Social Media Marketing Marketing Designs 59

Technology & Marketing Law Blog

APRIL 3, 2024

The court gently replies: “Contrary to the government’s suggestion Section 230 immunity is not reserved for social media platforms.” The court summarizes: The social media posts in the Complaint are useful to show what EZ Lynk knew or should have known for purposes of stating a claim under Section 203 of the Clean Air Act.

Social Media 77

Social Media Government Designs Design 77

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. And the exclusion also withdrew coverage for all related forms of marketing. 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 78

Music Copyright Social Media Copyright Infringement 78

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Francis High School - Salesian College Preparatory ("St. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 Applicant Williams sells her handbags via her website and social media accounts. Welch 2024. million, $9.5

Branding 44

Branding Brands Branding Social Media 44

LexBlog IP

SEPTEMBER 7, 2023

For instance, Minnesota is studying how intelligence sharing with AI might enable law enforcement lead to civil liberty violations while North Dakota is considering how the technology could affect matters ranging from the job market to the 2024 elections. Regulators are coming to different conclusions on the matter, though.

Social Media 40

Social Media Government Technology Reporting 40

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Technology & Marketing Law Blog

MARCH 10, 2024

Also, Texas has tried to functionally eliminate services’ discretion to make removal decisions via its social media censorship law–and the Fifth Circuit upheld that law too. Paxton , 2024 WL 982225 (5th Cir. March 7, 2024). Paxton appeared first on Technology & Marketing Law Blog. Prior blog post.

Social Media 83

Social Media Blogging Publishing Law 83

TorrentFreak

OCTOBER 31, 2023

During the summer, President Putin signed off on legal amendments that will require some internet platforms, including social networks, to verify new users’ identities, in some cases using their passports. The latter may take some time to emerge but in the meantime, Russia is attempting to remove as many as possible from the market.

Social Media 128

Social Media Reporting IP Technology 128

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D. USC didn’t appear on the list after that.

Advertising 59

Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

JANUARY 27, 2024

19, 2024) The post Plaintiffs Tried to Plead Around Section 230. Snap appeared first on Technology & Marketing Law Blog. Worse, if any plaintiff finds any gap in Section 230 through this relentless and repetitive stress-testing of legal doctrines, Section 230 will be nullified without any Congressional amendment at all.

Blogging 69

Blogging Social Media Law Business 69

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 57

Designs Design Social Media Registration 57

IP Tech Blog

OCTOBER 31, 2023

However, it is safe to assume that all of the well known social media platforms will fall into one of these categories.

Law 62

Law Social Media Publishing Technology 62

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

TorrentFreak

MARCH 4, 2024

By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30 30 Million in Damages With a default judgment, the textbook publishers hope to obtain an injunction that will limit LibGen’s ability to operate.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

Technology & Marketing Law Blog

FEBRUARY 21, 2024

I still haven’t blogged last year’s In re Social Media Addiction rulings from the California federal and state courts. (I 2024 WL 678248 (Conn. Meta appeared first on Technology & Marketing Law Blog. Case citation : V.V. Meta Platforms, Inc. Superior Ct. Law360 article.

Publishing 64

Publishing Designs Design Social Media 64

LexBlog IP

JANUARY 19, 2024

On 15 January 2024, the UK Information Commissioner’s Office (“ ICO ”) [1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“ GenAI ”). 3] See ICO Generative AI first call for evidence (15 January 2024). [4]

Law 52

Law Social Media Contracts Intellectual Property 52

SpicyIP

NOVEMBER 19, 2023

VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59