Technology & Marketing Law Blog

JUNE 19, 2023

.” That is certainly true–for example, the justices cannot publicly engage in ordinary social media interactions–yet the justices are getting a crash course on the Internet whether they want it or not. Colorado about the definition of true threats online 303 Creative LLC v. Google about Section 230 Twitter v.

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Social Media Government Web Design Law 67

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

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Social Media Law Contracts Designs 85

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Unlike a parodic use, widespread adoption of the Sinclair Defendants’ use could overtake the market for Nicklen’s video. Breitbart News.

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Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

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Technology & Marketing Law Blog

NOVEMBER 26, 2021

The off-topic rule is, by definition, a content-based restriction on speech. Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. In Tanner v. So, the future is clear.

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Social Media Government Designs Design 106

The IP Law Blog

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. This definition amended in the Act is now known as the “Transmit Clause.”

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Social Media Copyright Copying Copyright Infringement 98

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 90

Art Law Journal

AUGUST 10, 2022

Here’s a common scenario on social media for artists: You’re starting to grow a steady online following, but your audience isn’t commenting, liking or sharing your first few posts. So is it time to throw in the towel on social media and focus on other marketing strategies? Wear your heart on your sleeve.

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Social Media Art Marketing Marketing 52

Technology & Marketing Law Blog

MAY 23, 2022

“HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.” “this brief includes some truly distasteful, vile material (including some references to actual social media posts that were taken down)—because that is what the law ultimately enables.”

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Technology & Marketing Law Blog

OCTOBER 20, 2021

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ Are Social Media Services “State Actors” or “Common Carriers”? ” Cites to Lewis v.

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Social Media Publishing Blogging Law 97

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.

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Social Media Law Blogging Publishing 99

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

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Privacy Marketing Marketing Social Media 99

LexBlog IP

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. This definition amended in the Act is now known as the “Transmit Clause.”

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." And so, all three refusals were affirmed.

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Marketing Marketing Social Media Advertising 70

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.

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Social Media Reporting Intellectual Property Publishing 62

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

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Social Media Editing Government Law 136

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

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Social Media Law Government Blogging 104

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

but limited to commercial websites and with tighter definitions of the restricted content. In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny. It’s not surprising that the statute uses a vague definition of social media.

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Social Media Privacy Law Government 125

Technology & Marketing Law Blog

AUGUST 27, 2023

Tim Pool, the Babylon Bee, and National Religious Broadcasters, which are (respectively): “a social networking app, an active social media content creator, a satirical news website, and a nonpartisan association of Christian communicators.” Bonta appeared first on Technology & Marketing Law Blog.

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Social Media Law Reporting Blogging 89

JD Supra Law

JULY 21, 2023

Although you may have never heard of Shein, your children definitely have. Its business model revolves around collecting vast amounts of customer data and leveraging artificial intelligence (“AI”) to reverse-engineer fashion trends, which are then marketed via social media. By: Clark Hill PLC

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

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Social Media Privacy Law Government 143

Technology & Marketing Law Blog

FEBRUARY 15, 2023

The “has two main requirements: (1) a mechanism for social media users to file complaints about instances of “hateful conduct” and (2) disclosure of the social media network’s policy for how it will respond to any such complaints.” Law § 394-ccc.

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Social Media Law Publishing Blogging 64

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

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Marketing Marketing IP Music 94

Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Social Media Government Publishing Blogging 119

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

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

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Intellectual Property Social Media Reporting IP 123

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.

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Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

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Social Media Government Blogging Publishing 100

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Trademark Social Media Advertising Advertising 86

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

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Social Media Advertising Advertising Music 62

Technology & Marketing Law Blog

JULY 8, 2022

If the plaintiff seeks to hold the defendant liable for third-party content–definitely true in this case–the Lemmon ruling make it clear that a “negligent design” framing is still subject to Section 230, no matter how creatively or emphatically the plaintiff points to the service’s first-party design choices.

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Social Media Designs Design Privacy 104

TorrentFreak

MARCH 21, 2024

Good practices should be identified, and recommended to all actors, including e-commerce marketplaces, transport and logistic service providers, payment services providers, social media providers, providers of domain name services, etc. Secondly, further cooperation and information sharing should be encouraged.

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Social Media IP Registration Law 95

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

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Art Marketing Marketing Due Diligence 52

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

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Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

DECEMBER 1, 2023

This “regulate conduct, not content” distinction is a go-to argument for folks trying to censor social media, and it even worked in part in the social media addiction cases. It’s a brazen form of censorship, ousting one publisher from the market. It is a “no harm no foul” argument.

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Social Media Privacy Law Publishing 81

Technology & Marketing Law Blog

MARCH 28, 2022

As you recall, in December, a federal district court enjoined most of HB 20 , Texas’ so-called “social media censorship” law. Reminder: HB 20 claims it is a “social media censorship” law. You know what other countries can regulate social media without restriction? I pulled ROA.1306

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Social Media Publishing Law Blogging 106

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