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

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Much of the language was written well before widespread adoption of social media, and much of that language was vague even then. The lawsuit is proposed as a class action, including all U.S. They estimate that class to be in the thousands.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

Trademark 86

Trademark Social Media Advertising Advertising 86

IPilogue

NOVEMBER 18, 2022

This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Business 131

Business Contracts Branding Brands 131

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). Applicant maintained that its mark "is dominated by the design elements of the stately manor house, not by the improperly dissected, somewhat similar text elements of the mark and the cited mark[]."] How do you think they turned out?

Social Media 62

Social Media Advertising Advertising Music 62

TorrentFreak

MARCH 29, 2023

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

Social Media 130

Social Media Advertising Advertising Copyright 130

IPilogue

JUNE 27, 2022

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on June 15, 2022. On June 2, 2022, the Supreme Court of British Columbia (the Court) issued its decision in the ongoing class action matter, Douez v Facebook, Inc. , 2022 BCSC 914 , holding that Facebook, Inc.

Privacy 59

Privacy Social Media Advertising Advertising 59

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark. Welch 2022.

Service Mark 52

Service Mark Designs Design Social Media 52

Copyright Lately

DECEMBER 28, 2022

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Well, there you have it—the worst copyright rulings of 2022, according to yours truly.

Copyright 83

Copyright Art Licensing Social Media 83

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

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. 2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. Cohen , 173 F.3d 3d 63 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. 28, 2022): – “Defendants argue that May fails to allege a specific action Defendants took or failed to take that breached a duty under the CCPA to maintain “reasonable” security measures.

Social Media 73

Social Media Privacy Advertising Advertising 73

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Michael Geist

AUGUST 9, 2023

Further, the Canadian plan is facing significant opposition from many OECD countries since it may jeopardize a global agreement that is designed to address the digital services tax issue. Take targeted advertising revenues, which would require that the user be physically located in Canada at the time. These are just two examples.

Social Media 52

Social Media Government Advertising Advertising 52

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

Michael Geist

APRIL 20, 2023

Consider how millions of people watched the 2022 World Cup finals live on YouTube. When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. Last year, they attracted hundreds of millions of viewers. Section 4.1(2)

Government 104

Government Social Media Law Music 104

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The final part of the round-up provides an update on the latest referrals to the CJEU and cases that will be decided in 2022. 21-438).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

JANUARY 25, 2023

On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“ DSA ”), came into force. This post was originally published on Seyfarth’s International Dispute Resolution Blog. The DSA applies in the EU, and to those providers outside the EU that offer their services in the EU.

Social Media 52

Social Media Advertising Advertising Settlement 52

43(B)log

MARCH 25, 2024

The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.”

Advertising 64

Advertising Advertising Social Media Government 64

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

The IPKat

JUNE 6, 2022

The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). Second, the court concludes that “Champanillo” is used to designate a bar, where sparkling wine is served.

Social Media 128

Social Media Advertising Advertising Designs 128

LexBlog IP

NOVEMBER 9, 2023

Facts of the proceedings In April 2022, an application for revocation for non-use pursuant to Article 58(1)(a) EUTMR was filed against the International Registration designating the European Union “ K-WAY ” owned by K-Way S.p.A.

Trademark 52

Trademark Social Media Business Advertising 52

43(B)log

JULY 6, 2022

19-md-02913-WHO, 2022 WL 2343268 (N.D. 28, 2022) A lot going on here, including a certification of a RICO class, believe it or not. Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

Technology & Marketing Law Blog

JULY 1, 2022

Phung , 2022 WL 950261 (D.N.J. March 30, 2022). “In 2022 WL 612455 (D. March 2, 2022). Republic of Pakistan, 2022 WL 74218 (D. 7, 2022): “ Twitter is a private corporation and therefore unable to violate an individual’s First Amendment right to free speech.” June 22, 2022).

Blogging 91

Blogging Social Media Government Advertising 91

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content.

Fair Use 59

Fair Use Contracts Litigation Copying 59

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Shakespeare’s utopian visionary quote “what’s kept in a name”?

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

43(B)log

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim. 22-cv-00459-SVW-AGR (C.D.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Technology & Marketing Law Blog

SEPTEMBER 6, 2022

Maybe this explanatory material was designed to encourage the Ninth Circuit take the appeal? The court then says: “The data-driven targeting of consumers by big social-media platforms can hardly be compared to the Internet of 1996.” ” This is insane, amirite? What other purpose do they serve?

Social Media 93

Social Media Advertising Advertising Publishing 93

Canadian Intellectual Property Blog

MARCH 17, 2021

On February 11, 2021, the Canadian government announced that due to the Canada-United States-Mexico Agreement (CUSMA), Canada has agreed to extend, by the end of 2022, the protection period to a minimum of the author’s lifetime, the remainder of the calendar year in which the author died, plus 70 years following that calendar year.

Copyright 52

Copyright Intellectual Property Social Media Registration 52

TorrentFreak

DECEMBER 26, 2022

A major event in 2022 saw Qatari media company beIN join the coalition and with it, a new focus area for ACE – live sports streaming protection. In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. all over the globe.

Cease and Desist 130

Cease and Desist Government Confidentiality Settlement 130

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62