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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

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
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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

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Chanel reseller can't get summary judgment on whether it talked too much about Chanel

43(B)log

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

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How Brands Can Connect With Gen Z & Change Attitudes to Counterfeiting

Corsearch

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. Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

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Google Should Ban Pirate Sites, Say Authors John Grisham & Scott Turow

TorrentFreak

With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. It has removed billions of reported infringing links and since 2012 has been downranking pirate sites, something that hit torrent portals particularly hard. Whois Privacy Corp.,