LexBlog IP

APRIL 6, 2022

Founded in 2012 as a multi-level marketing company (“MLM”) selling women’s clothing, LuLaRoe reached 80,000 distributors by 2017. In 2016, the company, led by a husband-and-wife team, reported sales of approximately $1 billion. MLMs are nothing new. Based on these numbers, the future for MLM companies is bleak.

Marketing 52

Marketing Marketing Social Media Law 52

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 85

Fair Use Social Media Licensing Marketing 85

Technology & Marketing Law Blog

MAY 12, 2022

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.]. In 2016, I blogged a case where a screenshotted tweet was forwarded by email. Bascom appeared first on Technology & Marketing Law Blog.

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Social Media Blogging Designs Design 120

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Brands Branding 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. Houston, Inc., 4th 274 (5th Cir.

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Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

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Social Media Law Privacy Government 125

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. Tennessee and Kentucky sued it over its marketing practices, such as allegedly overclaiming buyers’ eligibility for tax credits.

Contracts 61

Contracts Social Media Business Blogging 61

43(B)log

MAY 11, 2021

Head (January 5, 2016), Staying smart: How today’s graduates continue to learn once they complete college ; Project Information Literacy Research Institute, Alison J. Fister: the power to amplify and segment market messages is way more pronounced now. Head, John Wihbey, P.

Social Media 40

Social Media Privacy Designs Design 40

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 79

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. For example, David Westergaard et al analyzed 15 million full-text articles in English from 1823-2016 and compared the findings to results obtained from 16.5 3 and 4) and in Singapore’s new Copyright Act (Art.

Copyright 122

Copyright Social Media Publishing Licensing 122

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. 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.

Law 113

Law Social Media Government Privacy 113

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

SpicyIP

JUNE 17, 2022

The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. Are there more mistakes in the TMR’s list?

Trademark 126

Trademark Social Media Branding Brands 126

Technology & Marketing Law Blog

JANUARY 9, 2023

This sounds like a potentially problematic move by Facebook, but it’s possibly also relevant that Hall’s 2016 campaign was undermined by his conviction for criminal harassment. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Are Social Media Services “State Actors” or “Common Carriers”?

Social Media 96

Social Media Government Publishing Law 96

IPilogue

APRIL 26, 2022

EOS applied for the mark’s registration in a black and white colour scheme in 2016. The examiner opined that the mark does not depart significantly from other shapes for similar products in the market, which is the EUIPO’s pre-requisite for registering 3D marks. EOS Products (“EOS”), the U.S.

Social Media 119

Social Media Registration Marketing Marketing 119

TorrentFreak

APRIL 6, 2022

From a few early steps in 2016/2017 and more recently in 2022 , services are being dynamically blocked and many individuals have been arrested for broadcasting or selling access to the league’s games without permission. LaLiga Strikes Again. Top-tier Spanish football league LaLiga is now tackling live streaming piracy on all fronts.

Social Media 119

Social Media Television Intellectual Property Technology 119

TorrentFreak

MAY 30, 2023

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. In common with licensed services, pirate IPTV providers have broadly two options for reaching the market.

Social Media 139

Social Media Marketing Marketing Licensing 139

The IPKat

JULY 4, 2021

The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives. Common Market Law Review has announced the 2021 Prize for Young Academics. The call for views is open until August 31.

Intellectual Property 70

Intellectual Property Journalism Social Media Intellectual Property Law 70

Technology & Marketing Law Blog

JANUARY 3, 2023

” The post 2H 2022 Quick Links, Part 3 (Copyrights and More) appeared first on Technology & Marketing Law Blog.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together. Power Ventures, Inc. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. In May 2016, the first online betting center in Gangtok was inaugurated by Kapil Dev, owned by Golden Gaming International Pvt Ltd. Black, Black’s Law Dictionary (6th ed.

Law 69

Law Licensing Government Advertising 69

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. The relevant date here was December 3, 2016, and the consumer plaintiffs adequately alleged at least two false representations after then.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?”

Copyright Law 59

Copyright Law Branding Brands Branding 59

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual. Do the streaming services allow users to make copies and is this type of software legal?

Copying 116

Copying Social Media Licensing Technology 116

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” For more on the irrationality of this ethics opinion, see this 2016 paper. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

IP 72

IP Advertising Advertising Copyright 72

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

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IP Contracts Social Media Copying 94

TorrentFreak

APRIL 8, 2022

Published each year by the United States Trade Representative, the ‘notorious markets’ report highlights piracy threats located outside the US, in the hope that foreign authorities will take action. According to the MPA, content stored on these sites is also made available via apps, social media, forums, blogs and email.

Social Media 132

Social Media Reporting Publishing Advertising 132

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

Herbert Smith Freehills

NOVEMBER 30, 2021

They have been helped by a local creative and digital marketing company, who threw their weight behind the product. The bottles started hitting the shelves in 2016. I left Herbert Smith Freehills in 2017, moving to Minnesota and joining a company to help with their marketing. We are aiming at the higher end of the market.

Marketing 52

Marketing Marketing Social Media Business 52

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). The vast majority of people who post to social media want their posts to be embedded and made available to others.

Blogging 95

Blogging Copying Social Media Copyright 95

The TTABlog

APRIL 28, 2022

He took various steps to bring his company to fruition, having a design make sketches for various watch parts, using the mark at issue as a "thumbnail" on social media, making a sample box, straps, business cards, and the like, and preparing a basic breakdown of the money he would need.

Designs 68

Designs Design Social Media Registration 68

IP Whiteboard

FEBRUARY 8, 2021

g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Justice Katzmann noted that it was difficult to put a great deal of weight on the evidence but found the evidence of the social media posts to “have some probative value”.

Social Media 52

Social Media Branding Brands Branding 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Only the State Labor Court of Baden-Württemberg depicted the relevant emoji in its ruling of 22 June 2016 (involving the monkey/bear face emoji depicted below); but it referred to them as “emoticons.” The post A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 79

Blogging Social Media Publishing Reporting 79

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

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Social Media Marketing Marketing Government 52