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.

Law 103

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

Social Media 106

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.

Reporting 131

Reporting Social Media Advertising Advertising 131

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.

Social Media 106

Social Media Advertising Advertising Privacy 106

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.

False Advertising 45

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.

Trademark 162

Trademark Social Media Branding Brands 162

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.

Branding 52

Branding Brands Branding Social Media 52

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.

Advertising 64

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.

Social Media 143

Social Media Government Journalism Advertising 143

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 131

Copyright Infringement Music Copyright Social Media 131

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.

Social Media 138

Social Media Advertising Advertising Government 138

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?

Social Media 62

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.

Cease and Desist 40

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.

Plagiarism 238

Plagiarism Copying Social Media Technology 238

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.

Social Media 138

Social Media Ownership Advertising Advertising 138

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.

Social Media 137

Social Media Registration Intellectual Property Ownership 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).

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. 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. 1648, 1659–60 (2021). In November 2023, X corp. on all counts. May 9, 2024).

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

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

The TTABlog

APRIL 22, 2024

The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 million for the years ended December 31, 2022, 2021 and 2020 respectively. The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. million, $9.5

Branding 44

Branding Brands Branding Social Media 44

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

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. 2021 WL 5050079 (N.D. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more. Callahan v.

Advertising 91

Advertising Advertising Social Media Blogging 91

43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 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.”

Copying 64

Copying False Advertising Social Media Advertising 64

The TTABlog

OCTOBER 27, 2021

Carson IV , 2021 USPQ2d 1057 (TTAB 2021) [precedential] (Opinion by Judge Chythia C. Pages from Carson's website and social media accounts made no reference to "licensing of advertising slogans or cartoon characters." Welch 2021. The Mars Generation, Inc. However, he identified no such customers.

Licensing 52

Licensing Advertising Advertising Social Media 52

43(B)log

FEBRUARY 26, 2024

During the relevant period—through 2021—US News didn’t distinguish between in-person and online programs. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

Advertising 59

Advertising Advertising False Advertising Marketing 59

TorrentFreak

JULY 15, 2022

. “Defendants advertised VNest TV as a subscription-based service providing more than 5,000 channels, movies, sports programs, and other premium content, all for a low monthly fee,” the complaint reads. “According to Defendants, VNest TV offers ‘the best content and up time than anyone else in the business.’

Cease and Desist 115

Cease and Desist Social Media Advertising Advertising 115

Technology & Marketing Law Blog

JUNE 12, 2022

Doe, 2021 WL 3631269 (D. Doe, 2021 WL 3631269 (D. Sells, 2021 WL 4429067 (S.D. 9, 2021): “Initial interest confusion, however, goes to the seventh likelihood of confusion factor – the existence and extent of actual confusion; it is not a stand-alone basis for a claim of infringement.” 2021 WL 6881640 (D.

Trademark 90

Trademark Advertising Advertising False Advertising 90

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,

Social Media 93

Social Media Television False Advertising Artistic Work 93

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

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.

Privacy 89

Privacy Social Media Advertising Advertising 89

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

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

LexBlog IP

MARCH 7, 2022

TikTok, a video-sharing platform, has quickly become one of the most popular social media platforms to date. In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. By: Noelle Henry. were copyright related. Choreography is another copyright issue faced by TikTok.

Copyright 52

Copyright Social Media Music Copyright Infringement 52

IP and Legal Filings

AUGUST 22, 2022

In the initial stages, the Ministry of Culture and Information was the national media regulator. 14/2006 abolished the Ministry and then established a new regulator for the industry i.e., National Media Council. The Media Law is considered to be out of date owing to its evident focus on print and not digital media.

Social Media 52

Social Media Publishing Law Government 52

IPilogue

MARCH 20, 2023

registered the mark in October 2020 but had not opened or advertised any restaurant or obtained any reputation associated with the mark. In contrast, Bhagwani had used the mark on various menu items and filed an application to register “Bombay Frankie” in 2021. 2788610 Ontario Inc.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

Social Media 59

Social Media False Advertising Advertising Advertising 59