2004 Advertising Fair Use Social Media 
43(B)log
MARCH 1, 2022
25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.
IP and Legal Filings
MARCH 5, 2024
Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement.
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Technology & Marketing Law Blog
JANUARY 24, 2023
On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.
Technology & Marketing Law Blog
DECEMBER 15, 2021
In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.
Copyright Lately
OCTOBER 25, 2021
The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. affirmed the district court’s grant of summary judgment for the advertisers. Dawn of the Dead. McDonald’s Corp.
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