Technology & Marketing Law Blog

JANUARY 28, 2022

The district court granted an injunction that gave control over these key social media accounts to JLM during the pendency of the litigation. While it affirms the district court’s order, it remands with respect to the issue of who gets to control the social media accounts while the litigation is pending.

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Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants.

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Law Social Media Government Privacy 114

Technology & Marketing Law Blog

MAY 16, 2022

Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact on litigation results. 5:18-cv-07233, 2020 WL 1967209 (N.D. GoDaddy.com LLC , 340 F.R.D.

Blogging 107

Blogging Litigation Intellectual Property Privacy 107

Technology & Marketing Law Blog

JULY 5, 2022

Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

43(B)log

DECEMBER 7, 2023

Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram. Bartlett was upset by the use of her image to endorse a company with whom she was also engaged in litigation.”

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Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances.

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Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case.

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Contracts Privacy Social Media Advertising 105

IP Tech Blog

JUNE 23, 2023

Defendant also included references to potentially applicable privacy laws, including those of California. First, the defendant’s general online sales to a nationwide market through Amazon.com was not “express aiming.” 2020) (emphasis added). AMA Multimedia, LLC v. Wanat , 970 F.3d 3d 1201, 1209 (9th Cir.

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Privacy Trademark Advertising Advertising 57

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

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Privacy Technology Government Designs 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In the wake of the 2020 Lukis v. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v.

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Advertising Advertising Social Media Blogging 91

43(B)log

AUGUST 17, 2021

Customer Data Breach Litig., provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” This litigation followed.

Privacy 59

Privacy Business Litigation Confidentiality 59

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Chance-based contests may not need a permit.

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Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

MARCH 10, 2022

In March 2020, plaintiffs began to have concerns about defendants’ loyalties to the business. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. Maryland enacted a social media privacy law in 2021. TELECOMM. &

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Social Media Contracts Ownership Business 80

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. In recent weeks, over a thousand companies have received these letters, which cover a variety of advertising and marketing practices, including endorsements , business opportunities and for-profit education claims.

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Advertising Advertising Marketing Marketing 52

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. Deepfaking in the metaverse, other than acting as an imputation on a person’s reputation, is also a gross violation of their privacy and personal data.

Contracts 52

Contracts Law Technology Privacy 52

Technology & Marketing Law Blog

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. Bleacher Report couldn’t have put millions of user emails into the “to” field–that would have been a privacy failure and would have led to a truly legendary “reply all” fiesta.

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Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

California Constitution Invasion of Privacy. That will help both sides focus their energy for the next round in this litigation, I find it impossible to believe that Twitter facilitated sex trafficking sufficient to trigger FOSTA, but poor Congressional drafting show just how far FOSTA might reach. 2020); Erie Ins. Supreme Ct.

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Blogging Publishing Social Media Advertising 109

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. If we don’t have surveys, what do we have? TM and ROP, maybe.]

Trademark 49

Trademark Branding Brands Branding 49

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump.

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Registration Government Advertising Advertising 69

43(B)log

FEBRUARY 23, 2024

Do you still point out that Congress endorsed Rogers in 2020? Standing makes him nervous b/c of privacy. Robert Burrell: Australian trend—lot of $ coming in to TM, and so nonexpert lawyers are coming in and litigating, often to damaging effect. Or do you accept the corroded structure and do something else?

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Trademark Law Branding Brands 45