43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

TorrentFreak

JUNE 15, 2023

Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. This activity generates many millions of views which are monetized by the social media platform, while rightsholders are not compensated.

Copyright Infringement 132

Copyright Infringement Music Copyright Social Media 132

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos also provided large complimentary promotional posters for the school to advertise with.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

TorrentFreak

JANUARY 21, 2022

In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. In order to function, EngineOwning uses a number of services including internet service providers, payment providers and social media websites. Activision Subpoenas… Everything.

Cease and Desist 135

Cease and Desist Social Media Reporting Copyright Infringement 135

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

Michael Geist

APRIL 20, 2023

Gold continues with specific examples: For example, Facebook acquired exclusive broadcasting rights for several baseball games during the 2018, 2019 Major League Baseball seasons. When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation.

Government 105

Government Social Media Law Music 105

IP and Legal Filings

AUGUST 22, 2022

The Media Law contains certain restrictions for the content that can be published in the country: Criticising the government or rulers of the emirates of the UAE; Material that could cause harm to the interests or security of the state; Criticism of or disrespect to Islam; Criticism of the rulers of any Islamic or friendly foreign state; and.

Social Media 52

Social Media Publishing Law Government 52

Garrigues Blog

JULY 11, 2022

Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two social media outlets. The Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

Television 72

Television Social Media Advertising Advertising 72

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

TorrentFreak

FEBRUARY 2, 2023

Under handles including “Omi in a Hellcat” and “Targetin1080p” Carrasquillo publicized almost everything he did on social media, from selling pirate subscriptions and devices, to banking the mountains of cash he undoubtedly made from the service.

Television 120

Television Social Media Advertising Advertising 120

43(B)log

SEPTEMBER 1, 2021

It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” False advertising/passing off: Same basic problems. And Mandabach failed to show actual association of the TV show with a particular source.

Social Media 93

Social Media Television False Advertising Artistic Work 93

The TTABlog

MARCH 17, 2022

Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Viacom maintained that it retained its common law rights through various ongoing uses between 2009 and 2018, and therefore had priority.

Television 78

Television Social Media Trademark Registration 78

LexBlog IP

OCTOBER 13, 2022

.” Section 17(b)’s mandate to include the amount paid for a securities post goes over and above the more widely known Federal Trade Commission (FTC) requirement that all paid social posts be clearly and conspicuously disclosed as advertising. ” The Settlement Between Kardashian and the SEC.

Social Media 52

Social Media Settlement Publishing Advertising 52

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? by guest blogger Prof. Alexandra Jane Roberts.

Blogging 91

Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

DECEMBER 6, 2023

The defendant, on the other hand, has contended that their use of the ‘mural’ in their advertisement was exempted as ‘fair dealing’ under Sec. Therefore, even though court has noted that ‘the advertisement of the defendant reproduced the mural’, the fair use exemption under Sec. 52(1)(t) of the Act does not apply.”

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

43(B)log

JUNE 26, 2023

REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.” Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.”

Social Media 59

Social Media Copying Fair Use Advertising 59

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Brands Branding Marketing 59

IP and Legal Filings

NOVEMBER 8, 2021

As of 2018, the global art market was valued at over 67 billion US dollars. Pufnstuf program has been infringed by advertising campaigns carried out by McDonald’s. Pufnstuf and McDonaldland advertisements were exhibited simultaneously to a jury. In order to determine infringement, episodes of H.R

Art 75

Art Artwork Television Copyright Infringement 75

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Not understanding marketing. Every business starts out with a niche.

Business 98

Business Branding Brands Branding 98

IIPRD

FEBRUARY 27, 2021

Swift thus, made a move now that she was in a position of power; She left Big Machine Group in 2018 for Universal Music Group (‘UMG’). She uses social media to create her band, to market her music, and even to fight against online music streaming. A Conglomerate. Swift has also been amassing a vast IP portfolio.

Music 40

Music Branding Brands Branding 40

Technology & Marketing Law Blog

DECEMBER 12, 2021

Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. The court concludes: The murder of Commander Paul Bauer on February 13, 2018 was horrific and inexcusable.

Copyright Infringement 115

Copyright Infringement Publishing Designs Design 115

43(B)log

JANUARY 18, 2022

comprising of a cylindrical cross-section of a tree with nails positioned around the outer circumference of its upward facing flat circular surface, and a cross-peen hammer,” issued in 2018. At least some stumps shown in social media posts tagged “hammerschlagen” are not WRB stumps. Very entertaining to play!”

Registration 45

Registration Ownership Social Media Marketing 45

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

APRIL 19, 2022

In addition, social media intermediaries must appoint a Chief Compliance Officer in accordance with the Act and IT Rules. Nakul Bajaj (2018). As a result, the intermediary must appoint a Grievance Officer to investigate allegations of rule violations. Christian Louboutin SAS v.

Copyright Law 70

Copyright Law Copyright Law Copyright Infringement 70

Trading Secrets

MARCH 22, 2022

As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” On November 23, 2020, Hayley Paige informed JLM that would “not be posting any JLM related business” to her social media accounts. 2021 WL 827749, at *6.

Social Media 59

Social Media Contracts Confidentiality Business 59

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content. 1195, 1201 (2018).”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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.” ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 85

IP Social Media Fair Use Branding 85

LexBlog IP

JANUARY 25, 2023

The DSA is a key development in the use of online services in the European Union (“ EU ”), with an impact on online services as significant as the one which the General Data Protection Regulation (“ GDPR ”) had upon the collection, use, transfer, and storage of data originating in the EU on 25 May 2018.

Social Media 52

Social Media Advertising Advertising Settlement 52

Patently-O

FEBRUARY 21, 2023

Section 230 fostered the dominant social media business model where almost all of the major internet media services rely primarily upon user-provided content. But, AI may be different since it is more content-generative than most social-media. 2206 (2018). ”) 47 U.S.C. See Carpenter v.

Social Media 54

Social Media Publishing Privacy Advertising 54

The TTABlog

JUNE 11, 2021

2018) (quoting In re Boston Beer Co. , In the absence of supporting evidence, we cannot find that Applicant has advertised extensively." Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S. Royal Crown Cola Co.

Social Media 40

Social Media Advertising Advertising Business 40