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

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. In response to this growing space, the FTC issued guidelines for influencers in 2019. [2] billion in 2021. [1]

Social Media 52

Social Media Branding Brands Branding 52

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. So the burden falls to Princeton to show that its exclusion is valid.” The court here disagreed with the Fifth Circuit.

Advertising 64

Advertising Advertising Settlement Contracts 64

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. In response to this growing space, the FTC issued guidelines for influencers in 2019. [2] billion in 2021. [1]

Social Media 52

Social Media Branding Brands Branding 52

IP Tech Blog

FEBRUARY 26, 2024

The UK’s Advertising Standards Authority ( ASA ) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. The authors thank Zara Bhatti for her contributions to this post. The post Harmful gender stereotypes or a double standard?

Advertising 62

Advertising Advertising Social Media Branding 62

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 114

Law Social Media Government Privacy 114

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” McCleese v. Natorp’s, Inc.,

Copying 64

Copying False Advertising Social Media Advertising 64

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. s Terms of Service (“ToS”) when it created a new account in 2019. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

NOVEMBER 28, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

TorrentFreak

APRIL 6, 2022

In 2019, LaLiga launched an investigation into a website advertised on social media that was being used to illegally market football content plus other material belonging to a “well-known” on-demand television platform.

Social Media 118

Social Media Television Intellectual Property Technology 118

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 86

Litigation Contracts Advertising Advertising 86

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 104

Government Social Media Law Music 104

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content. 2019, March 19).

Privacy 91

Privacy Social Media Advertising Advertising 91

TorrentFreak

DECEMBER 24, 2021

Nintendo also obtained a UK High Court injunction to block four Team-Xecuter-related websites back in 2019 but that did little to stop pirated game ROMs from being shared online. Nintendo said that its solicitors had made extensive efforts to contact the operators of the NSW2U sites and have its social media pages taken down.

Social Media 139

Social Media Artwork Copyright Reporting 139

LexBlog IP

JULY 21, 2021

Your location data is then sold to aggregators, advertisers and marketers, sometimes in real time and usually without your express consent. Advertisers then use the location data to target relevant ads to your device. Given this value and interest, it is no surprise that location data market continues to grow.

Social Media 52

Social Media Advertising Advertising Marketing 52

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

TorrentFreak

MAY 18, 2022

In late 2019, the IPTV provider found itself being extorted by a hacker who claimed to have obtained the details of around 121,000 of its subscribers. The service was marketed and sold to users via these domains and through social media platforms.

Cease and Desist 127

Cease and Desist Social Media Branding Brands 127

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Molly Mae rose to fame following 2019’s season where she came in second place with her now long-term boyfriend Tommy Fury. million viewers back in 2020. Take Molly Mae Hague as an example.

IP 85

IP Branding Brands Branding 85

LexBlog IP

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past. Are you aware of the risks?

Social Media 52

Social Media Advertising Advertising Technology 52

Technology & Marketing Law Blog

JANUARY 29, 2022

MAGA state legislatures around the country have responded to his dog-whistles with laws such as the Texas and Florida social media censorship bills. Using doctrines like publicity rights, plaintiffs are attacking how these services advertise by featuring people in the yearbooks and the vending of yearbook access. Malwarebytes.

Social Media 124

Social Media Blogging Designs Design 124

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. This is called personality merchandising or ” marketing of one’s persona. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising. Anil Kapoor and Mr. Amitabh Bachchan.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

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. The largest by far is Egypt-based Egy.best, which appeared to shut down in 2019 , a victory partially claimed by the MPA.

Social Media 130

Social Media Reporting Publishing Advertising 130

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Snap appeared first on Technology & Marketing Law Blog.

Blogging 88

Blogging Social Media Editing Designs 88

The IPKat

OCTOBER 15, 2021

From 3 October 2019, Stone was the registered proprietor of the UK word trade mark, “ARCHANGEL ALCHEMY”, in respect of “training course - for soul development - yogic sciences - quantum physics - altered states of awareness - relaxation - holistic health - celestial beings - natural living” in class 41.

Business 83

Business Social Media Registration Intellectual Property 83

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

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. In 2019, defendants launched the “Florida Online School,” abbreviated “FLOS.” And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 109

Blogging Publishing Social Media Advertising 109

Technology & Marketing Law Blog

OCTOBER 18, 2021

If the drafters want better inspiration for Section 230 reform ideas, they should consult this 2019 statement. the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem.

Privacy 134

Privacy Social Media Blogging Advertising 134

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

FEBRUARY 27, 2021

The re-recording is happening because Swift’s entire Big Machine Label Group catalog was sold without her knowledge to music manager Scooter Braun in 2019. The sale resulted in Braun acquiring Swift’s catalog of master recordings for six albums, which reportedly accounts for 30% of the company’s market share. A Conglomerate.

Music 40

Music Branding Brands Branding 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. 2019 WL 13109708 (S.D.

Registration 112

Registration Fair Use Copyright Designs 112