Technology & Marketing Law Blog

JULY 12, 2022

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). Taylor about true threats on social media. Social Media. Part 316 [[link].

Editing 139

Editing Law Social Media Privacy 139

Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." In re Media Minefield, Inc. 88395484 (December 14, 2022) [not precedential] (Opinion by Judge Peter W. Welch 2022. And so, all three refusals were affirmed.

Marketing 70

Marketing Marketing Social Media Advertising 70

Technology & Marketing Law Blog

JANUARY 5, 2023

2022 WL 17737285 (D. 2022 WL 4456077 (C.D. July 29, 2022). Google LLC v Defteros [2022] HCA 27. 2022 WL 2181068 (N.D. 2022 WL 2181068 (N.D. June 16, 2022). 2022 WL 3586166 (N.D. 22, 2022): – “the CFRA does not create any legal duty to remove false reviews.” Google, Inc.,

Social Media 113

Social Media Publishing Marketing Marketing 113

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.

Branding 52

Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

JANUARY 3, 2023

2022 WL 16555584 (S.D.N.Y. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Verizon Media, Inc.,

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JANUARY 2, 2023

Google LLC, 2022 WL 17072948 (N.D. Los Lunas Schools Board of Education, 2022 WL 14008397 (D.N.M. 2022 WL 3210698 (9th Cir. 9, 2022): the district court correctly granted summary judgment to lululemon on AAW’s initial interest confusion theory. Kutrubes, 2022 WL 2840484 (10th Cir. 2022 WL 2784820 (C.D.

Trademark 84

Trademark Social Media Registering Trademarks Intellectual Property 84

Technology & Marketing Law Blog

MARCH 19, 2024

You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.” The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. Mean appeared first on Technology & Marketing Law Blog.

Social Media 99

Social Media Designs Design Blogging 99

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

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” I’m hoping the Supreme Court will hear the challenges to the transparency pieces of the Florida and Texas social media censorship laws.

Social Media 102

Social Media Law Government Blogging 102

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do. Disclosures, Endorsements, Dark Patterns – Oh, My! Protect Children.

Advertising 62

Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

Social Media 143

Social Media Privacy Law Government 143

Technology & Marketing Law Blog

FEBRUARY 11, 2022

Houston, 2022 WL 395309 (M.D. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”? Case citation : McWaters v. ICANN Not a State Actor.

Social Media 116

Social Media Publishing Blogging Government 116

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Battles over politician-operated social media accounts. StopTheSADScheme.

Law 102

Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep. Some Jawboning Posts.

Social Media 118

Social Media Government Publishing Blogging 118

Technology & Marketing Law Blog

MAY 12, 2022

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.]. Bascom , 2022 WL 1482521 (N.H. May 11, 2022). Bascom appeared first on Technology & Marketing Law Blog. ” [Aside: who still does this? Supreme Ct.

Social Media 120

Social Media Blogging Designs Design 120

Technology & Marketing Law Blog

AUGUST 19, 2022

Tinder social media channels.'” Tinder appeared first on Technology & Marketing Law Blog. ” IP Exception. In Almeida v. Amazon , “the Eleventh Circuit has expressly established that the right of publicity is an intellectual property right.” ” Cites to UCS v. Case citation : Albert v.

Social Media 113

Social Media Intellectual Property Publishing IP 113

Technology & Marketing Law Blog

DECEMBER 16, 2022

One SFHS student found on Spotify, and then publicized on social media, a photo of three peers that appeared to be in blackface, which the uploader said was evidence of racism at SFHS. Rosenthal , this is yet another example of how USERS of social media directly benefit from Section 230. Labana , 2022 WL 17687172 (Cal.

Social Media 105

Social Media Blogging Marketing Marketing 105

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

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). 88933368 (January 4, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). 90114652 (January 4, 2022) (Opinion by Judge Linda A. Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today.

Social Media 62

Social Media Advertising Advertising Music 62

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. 2022) (hereinafter “hiQ 2022 Circuit opinion”); see also hiQ Labs, Inc. 2022) (hereinafter “hiQ 2022 district opinion) (defining “scraping” as “a process of extracting information from a website using automated means”).

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.”

Advertising 52

Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” May 31, 2022). She now does her tattoo artistry pro bono.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Technology & Marketing Law Blog

JULY 8, 2022

It would take away all of the pro-social uses of Snapchat (don’t laugh, there are many), even in circumstances where the minor users never faced a risk of victimization. Also, many teens feel that social media makes their lives better, and so categorically booting them from all social media services would be a huge loss to them.

Social Media 103

Social Media Designs Design Privacy 103

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. On November 17, 2022, Drake and 21 Savage agreed to this preliminary injunction and also agreed to stop using Vogue trademarks for their album promotion.

Social Media 105

Social Media False Advertising Copying Trademark 105

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 84

Trademark Social Media Advertising Advertising 84

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. The BPM market is large. Pegasystems Inc.

Marketing 59

Marketing Marketing Business False Advertising 59

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

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 130

Reporting Social Media Advertising Advertising 130

IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

Advertising 67

Advertising Advertising Social Media Government 67

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

TorrentFreak

MAY 17, 2023

Hovering a cursor over the blacked-out area revealed what should’ve been hidden and click led directly to the site considered most damaging to the home market in Japan. That’s highly relevant information but when the Agency of Cultural Affairs was alerted to the buzz on social media, the information was immediately taken down.

Reporting 114

Reporting Social Media Marketing Marketing 114

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. In a statement sure to spook every social media service, the court finds “the forum selection clause invalid because it is procedurally unconscionable, substantively unconscionable, and unenforceable against a minor.”

Social Media 114

Social Media Contracts Advertising Advertising 114

TorrentFreak

MARCH 21, 2024

Good practices should be identified, and recommended to all actors, including e-commerce marketplaces, transport and logistic service providers, payment services providers, social media providers, providers of domain name services, etc. Secondly, further cooperation and information sharing should be encouraged.

Social Media 94

Social Media IP Registration Law 94

IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. On July 29 th 2022, Netflix sued the TikTok stars Barlow and Bear in the U.S. District Court in D.C. 501 and 15 U.S.C.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do. .” Disclosures, Endorsements, Dark Patterns – Oh, My! Protect Children.

Advertising 52

Advertising Advertising Reporting Privacy 52