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.

Advertising 52

Advertising Advertising Reporting Privacy 52

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?

Registration 145

Registration Social Media Confidentiality Government 145

43(B)log

OCTOBER 10, 2023

Cornelia, 2023 WL 6379449, No. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on social media.”

Advertising 64

Advertising Advertising False Advertising Social Media 64

CoCal IP Law Institute

JULY 17, 2023

Our weekly SoCal IP Institute meeting on Monday, July 17, 2023 will be a discussion of the Digital Services Act, the INFORM Consumers Act and related legislation. The explosive growth of e-commerce marketplaces and social media platforms as essential channels for advertising and selling goods and services has changed the way consumers shop.

Social Media 40

Social Media IP Advertising Advertising 40

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Michael Geist

DECEMBER 26, 2023

The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law , December 14, 2023 2. The Lose-Lose-Lose-Lose Bill C-18 Outcome: Meta Blocking News Links on Facebook and Instagram in Canada , August 2, 2023 3.

Social Media 74

Social Media Government Registration Advertising 74

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Roblox Corp. 22-cv-04476-SI (N.D. Users interact with the platform through virtual characters known as “Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

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 129

Reporting Social Media Advertising Advertising 129

43(B)log

DECEMBER 7, 2023

2023 WL 8292459, No. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Urban Dollz LLC v.

False Advertising 59

False Advertising Social Media Advertising Advertising 59

Traverse Legal Blog

APRIL 2, 2023

In the world of social media, everyone’s got an angle. The Federal Trade Commission (FTC) will likely modify Part 255 regarding using endorsements and testimonials in advertising in 2023. Advertisers and endorsers must clearly disclose any material connections that may affect the endorsement’s credibility.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. 2023); but see Princeton Express v. So the burden falls to Princeton to show that its exclusion is valid.” Houston, Inc.,

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. The court dismissed the claims, mainly because the advertisements were not misleading as a matter of law. Also, “the entirety of the advertisement on each website page describes in objective terms how much total food customers would receive.” Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

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. To address these alarming concerns, India has introduced Digital Personal Data Protection Act, 2023, a long-awaited legislation.

Privacy 94

Privacy Social Media Advertising Advertising 94

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

43(B)log

JULY 3, 2023

Greenlee, 2023 WL 4186376, No. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). Its complaint makes no mention of any specific advertising by these two parties whatsoever. 3:20-CV-3008-X (N.D.

Social Media 56

Social Media Advertising Advertising Technology 56

Michael Geist

JUNE 8, 2023

Meta stopping news sharing in Canada if forced to pay hundreds of millions for links entirely predictable [link] — Michael Geist (@mgeist) June 7, 2023 Rodriguez tried to portray Bill C-18 as a market-based approach with limited government interference which only requires media outlets and Internet platforms to negotiate agreements.

Government 92

Government Journalism Advertising Advertising 92

LexBlog IP

SEPTEMBER 7, 2023

The Kids Online Safety Act (KOSA) of 2023 is circulating Congress with bipartisan support. According to bill sponsors Senator Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), KOSA would require social media companies to develop enhanced parental controls for online platforms.

Social Media 52

Social Media Advertising Advertising Intellectual Property 52

TorrentFreak

NOVEMBER 14, 2023

On November 6, 2023, a California district court handed down a permanent injunction and ordered the defendant to pay MG Premium a cool $117,270,000 in statutory copyright damages. Tanggula set-top boxes are advertised on social media platforms, sold via various affiliate and reseller schemes, and ‘reviewed’ regularly on YouTube.

Copyright 89

Copyright Social Media Advertising Advertising 89

43(B)log

JUNE 21, 2023

2023 WL 3829689, No. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” Grimmway Enters., 22-CV-2038 JLS (DDL) (S.D.

Law 72

Law Social Media Reporting Business 72

The TTABlog

OCTOBER 27, 2023

91268626 (October 19, 2023) [Not precedential]. Here, producing and giving away promotional cups at the Crankworkx mountain biking festival and promoting the same on social media went above and beyond what would normally be expected of a tire manufacturer by promoting the racing event for the racing event’s benefit.

Social Media 67

Social Media Registration Advertising Advertising 67

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

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

TorrentFreak

JANUARY 31, 2024

In common with previous years, the 2023 edition published Tuesday highlights “prominent and illustrative” examples of mainly online sites and services that either engage directly in piracy, facilitate it, or simply turn a blind eye to infringement while enjoying the benefits. media, and cuevana3.nu) government.

Reporting 90

Reporting Marketing Marketing Social Media 90

TorrentFreak

MAY 25, 2023

The US Chamber of Commerce 2023 International IP Index report is a pretty big read at 213 pages, but for those interested in intellectual property matters, it’s an interesting one too. The 2023 International IP Index report is available here From: TF , for the latest news on copyright battles, piracy and more.

Intellectual Property 121

Intellectual Property Social Media Reporting IP 121

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. In November 2023, X corp. 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. on all counts. Bright Data Ltd. , 3:23-cv-03698 (N.D.

Blogging 92

Blogging Contracts Cease and Desist Social Media 92

Michael Geist

AUGUST 9, 2023

Digital services revenue can arise from (1) online marketplace services revenue (which would cover an Ebay, Airbnb or Uber), (2) online advertising services revenue (Google or Microsoft), (3) social media services revenue (Facebook or TikTok), and (4) user data revenue (any company that collects and sells user data).

Social Media 52

Social Media Government Advertising Advertising 52

LexBlog IP

AUGUST 23, 2023

In support of this position, Palacio del Rio submitted evidence of architectural and industry specific publications from the 1960s, current customer affidavits about the uniqueness and fame of the building’s design, and advertising expenditures. The cases are: In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d 2023 U.S.P.Q.2d

Designs 52

Designs Design Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MAY 22, 2023

2023 WL 3556053, No. 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. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

LexBlog IP

JANUARY 26, 2023

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta (formerly Facebook), they are now eyeing other industries, including the fast food industry.

Social Media 40

Social Media Privacy Advertising Advertising 40

43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. 2023 WL 3049106, No. Purlife Brands, Inc., 22-cv-04261-VC (N.D. Automated Pet Care Prods., Purlife Brands, Inc., 22-cv-04261-VC (N.D.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. 2023 WL 4670491 (E.D. Say a prayer for it. Case citation : Davis v.

Social Media 74

Social Media Contracts Law Litigation 74

43(B)log

JULY 20, 2023

Nepute, 2023 WL 4623089 , No. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

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Government Advertising Advertising Social Media 52

43(B)log

MARCH 25, 2024

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.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64