Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98

43(B)log

SEPTEMBER 14, 2021

Doe, 2021 WL 3684116, No. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. Arizona Board of Regents v. CV-20-01638-PHX-DWL (D.

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Social Media False Advertising Advertising Advertising 53

Michael Geist

JULY 6, 2023

The government escalated the battle over Bill C-18 yesterday, announcing that it was suspending advertising on Meta’s Facebook and Instagram platforms due the company’s decision to comply with the bill by blocking news sharing and its reluctance to engage in further negotiations on the issue.

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Advertising Advertising Government Social Media 97

Michael Geist

OCTOBER 2, 2023

By contrast, the inclusion of registration requirements for a wide range of undertakings, including some podcast services, online news sites, adult content sites, and social media left some characterizing it as a podcast registry or part of “one of the world’s most repressive online censorship schemes.” So what’s the reality?

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Registration Social Media Confidentiality Government 145

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

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Social Media Copyright Infringement Television Journalism 108

43(B)log

SEPTEMBER 15, 2021

InfoWars, LLC, 2021 WL 2115272, No. May 25, 2021) (R&R) This is a defamation case with a Lanham Act chunk. Plaintiffs alleged that they were competitors of defendants “as conservative media personalities, broadcasters, authors and columnists on social media and elsewhere.” A-20-CV-298-LY (W.D.

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Advertising Advertising Social Media False Advertising 56

Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

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IP Social Media Fair Use Branding 85

43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects. Orthopediatrics Corp.

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Advertising Advertising Social Media False Advertising 59

Technology & Marketing Law Blog

JANUARY 29, 2022

With so many power players treating Section 230 as a political football (and a useful distraction from the ongoing coup attempt), it wasn’t clear Section 230 would survive into 2021. Section 230 had a better year in 2021, but that’s not saying much. See my 2020 Section 230 year-in-review for the depressing recap.

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Social Media Blogging Designs Design 124

Barry Sookman

AUGUST 29, 2021

Computer and Internet Weekly Updates for 2021-08-21 [link] 2021-08-22. SUBWAY FRANCHISEE ADVERTISING FUND, 999 F. 3d 828 – Court of Appea… [link] 2021-08-24. The Federal Government Combats Hate Speech And Other Content Published On Social Media [link] 2021-08-24. R E Stats… [link] 2021-08-25.

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IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms. Proactively promote and facilitate compliance by brands.

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Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

JANUARY 18, 2024

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.

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Law Social Media Advertising Advertising 103

IPilogue

NOVEMBER 3, 2021

On October 4, 2021, it was publicized that Facebook Inc. The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Photo by Brett Jordan ( Pexels ). asked a judge to dismiss the U.S asked a judge to dismiss the U.S

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Social Media Marketing Marketing Advertising 106

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

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Reporting Social Media Advertising Advertising 130

IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. Interestingly, increasing barriers to the online advertising ecosystem may benefit users.

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Social Media Advertising Advertising Privacy 106

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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False Advertising Advertising Advertising Law 119

43(B)log

SEPTEMBER 29, 2021

2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants). It Works Marketing, Inc.

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False Advertising Advertising Advertising Social Media 45

Erik K Pelton

MAY 23, 2022

Did you realize that some of these professional gamers who stream their performances and work on Twitch or YouTube or other platforms have millions of followers, make money in endorsements, make money in advertising, make money selling merchandise, and more. Some of them are, and kudos to them. Tfue, (T-F-U-E) also has many filings.

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Trademark Social Media Branding Brands 162

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2021. [1] 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]

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Social Media Branding Brands Branding 52

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

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Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

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Privacy Marketing Marketing Social Media 99

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. And that’s true.

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Advertising Advertising Designs Design 64

Michael Geist

SEPTEMBER 20, 2023

The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The government envisions Google and Meta paying at least 4% of search or social media revenues in Canada for a minimum of $234 million.

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Social Media Government Journalism Advertising 142

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2021. [1] 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]

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 19, 2023

This case involves a roommate matching service that allegedly accepted unverified listings but advertised that listings were verified, plus it allegedly purchased fake reviews to increase consumer demand. Why else would Ancestry bother to include it in its advertisements?”). This does not go well. Tautology much? __ McDow v.

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Social Media Advertising Advertising Designs 127

Michael Geist

DECEMBER 17, 2021

Just two months ago, the OECD reached an agreement on addressing the longstanding concern regarding multinational companies, particularly tech companies, paying their fair share of taxes on revenues earned from online advertising, online marketplaces, and user data.

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Social Media Advertising Advertising Government 139

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.

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Copyright Infringement Music Copyright Social Media 129

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

The TTABlog

JANUARY 6, 2022

Welch 2021. In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Read comments and post your comment here. See any WYHAs?

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Social Media Advertising Advertising Music 62

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.

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Cease and Desist Social Media Contracts Intellectual Property 40

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. Now, virtually every creator is dabbling in various media.

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Plagiarism Copying Social Media Technology 238

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

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Social Media Registration Intellectual Property Ownership 137

TorrentFreak

NOVEMBER 3, 2021

In fact, Applinked was initially served from the developer’s own website and is still advertised and linked from there, despite what happened to its predecessor. On the 21st of October 2021 I will no longer own the rights or any code to applinked… I will be the senior developer for 6 months after.

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Social Media Ownership Advertising Advertising 137

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

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Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Strain, No. 22-30236 (5th Cir. neither favorable nor unfavorable) opinions.

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Social Media Privacy Advertising Advertising 73

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.

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