Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 99

Social Media Law Blogging Publishing 99

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Ariix, LLC v. NutriSearch Corp.,

Advertising 108

Advertising Advertising Contracts Social Media 108

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 103

Law Social Media Advertising Advertising 103

IP and Legal Filings

MARCH 5, 2024

They are among the most valuable intellectual property rights (IPRs) in the digital age since they tend to be the main assets of technological companies and are exchanged on e-commerce platforms. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

Trademark 86

Trademark Social Media Advertising Advertising 86

Technology & Marketing Law Blog

MAY 19, 2023

These allegations meet the “far more active form of participation” required to survive this stage of the proceedings [Just a reminder that the court’s casual suggestion that Omegle could adopt age verification technology might itself be an unconstitutional requirement. The age verification battle will ultimately reach the Supreme Court.]

Social Media 127

Social Media Advertising Advertising Designs 127

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Much of the language was written well before widespread adoption of social media, and much of that language was vague even then. The lawsuit is proposed as a class action, including all U.S. They estimate that class to be in the thousands.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. But while technology may struggle, people don’t.

Plagiarism 238

Plagiarism Copying Social Media Technology 238

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. logos on their materials to identify their social media accounts.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Kashishipr

MAY 4, 2022

In most cases, it is typically sufficient if the trademark symbol appears with one single prominent use of the mark in one single label or advertisement, even though the mark in itself may appear multiple times. The same includes e-commerce marketplaces, standalone business websites, and social media channels. Bottom Line.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

Art Law Journal

DECEMBER 29, 2021

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! Top Advertising Agencies.

Graphic Design 52

Graphic Design Designs Design Web Design 52

TorrentFreak

MARCH 29, 2023

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

Social Media 130

Social Media Advertising Advertising Copyright 130

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Strain, No. 22-30236 (5th Cir. Kochava, Inc.,

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Analysis of CA AB587).

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

False Advertising 87

False Advertising Social Media Publishing Advertising 87

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy. Edited by Coby Turner and Cathy Feldman

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 81

Social Media Privacy Law Publishing 81

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. Hillenbrand.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. that threatens to retaliate with tariffs on sensitive sectors of the economy.

Social Media 90

Social Media Advertising Advertising Government 90

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

Government 104

Government Social Media Law Music 104

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product; ii.

Copying 115

Copying Social Media Licensing Technology 115

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. For example, LibGen can easily switch domain names, and relies on censorship-resistant decentralized technologies such as the InterPlanetary File System ( IPFS ), the publishers write. The request isn’t limited to IPFS gateways, of course.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Michael Geist

MARCH 22, 2023

The issue dates back to the 2019 election campaign with a campaign promise to institute a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. Canadians can expect to hear more about this issue in next week’s budget.

Advertising 114

Advertising Advertising Social Media Business 114

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims. a poor fit to prevent sexual grooming on Snapchat.”

Blogging 88

Blogging Social Media Editing Designs 88

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

JANUARY 29, 2022

MAGA state legislatures around the country have responded to his dog-whistles with laws such as the Texas and Florida social media censorship bills. Using doctrines like publicity rights, plaintiffs are attacking how these services advertise by featuring people in the yearbooks and the vending of yearbook access. ” UGH.

Social Media 124

Social Media Blogging Designs Design 124

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Instead, it just reflects consumer engagement with the product… * Soter Technologies, LLC v. ” * RVC Floor Decor, Ltd.

IP 85

IP Social Media Fair Use Branding 85

LexBlog IP

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 52

Social Media Advertising Advertising Technology 52

LexBlog IP

JANUARY 25, 2023

The first set of obligations applies to all providers of intermediary services, and includes requirements to: Establish two single points of contact for direct communication with regulatory authorities and their users respectively; Designate a legal representative within the EU if they are a foreign-established provider.

Social Media 52

Social Media Advertising Advertising Settlement 52