Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. March 18, 2024) The post Buffalo’s Mass-Murder Leads to a Wrong Section 230 Decision–Jones v. Mean appeared first on Technology & Marketing Law Blog. Case Citation : Jones v. Supreme Ct.

Social Media 105

Social Media Designs Design Blogging 105

Technology & Marketing Law Blog

MARCH 26, 2024

One of the DSA’s standout features is that it imposes due process-like obligations on non-governmental actors, as if there is no meaningful distinction between taxpayer-funded public actors and market-supported private actors. Intermediaries (Guest Blog Post) How Will the Digital Services Act (DSA) Affect the European Internet?

Social Media 83

Social Media Blogging Government Marketing 83

Technology & Marketing Law Blog

APRIL 1, 2024

The court cites the Social Media Addiction ruling for the proposition that “social media companies do have a duty to exercise due care in managing their platforms.” 2024 WL 1268420 (N.D. March 26, 2024). Roblox appeared first on Technology & Marketing Law Blog. Negligence.

Social Media 81

Social Media Blogging Publishing Designs 81

Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” 2024 WL 2021896 (N.D.N.Y. May 6, 2024) The post Section 230 Preempts Product Design Claims–Lama v. ” Cites to Mosha v. Facebook , Herrick v.

Designs 81

Designs Design Social Media Publishing 81

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 107

Law Social Media Advertising Advertising 107

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

Social Media 59

Social Media Marketing Marketing Designs 59

Technology & Marketing Law Blog

APRIL 3, 2024

The court gently replies: “Contrary to the government’s suggestion Section 230 immunity is not reserved for social media platforms.” The court summarizes: The social media posts in the Complaint are useful to show what EZ Lynk knew or should have known for purposes of stating a claim under Section 203 of the Clean Air Act.

Social Media 81

Social Media Government Designs Design 81

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Blogging 100

Blogging Contracts Cease and Desist Social Media 100

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 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. And the exclusion also withdrew coverage for all related forms of marketing. 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 83

Music Copyright Social Media Copyright Infringement 83

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Francis High School - Salesian College Preparatory ("St. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 Applicant Williams sells her handbags via her website and social media accounts. Welch 2024. million, $9.5

Branding 44

Branding Brands Branding Social Media 44

LexBlog IP

SEPTEMBER 7, 2023

For instance, Minnesota is studying how intelligence sharing with AI might enable law enforcement lead to civil liberty violations while North Dakota is considering how the technology could affect matters ranging from the job market to the 2024 elections. Regulators are coming to different conclusions on the matter, though.

Social Media 40

Social Media Government Technology Reporting 40

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] The analogy is an imperfect one—social media operators are arguably less involved in the curation of their websites’ content than these traditional examples.

Social Media 86

Social Media Law Contracts Publishing 86

TorrentFreak

OCTOBER 31, 2023

During the summer, President Putin signed off on legal amendments that will require some internet platforms, including social networks, to verify new users’ identities, in some cases using their passports. The latter may take some time to emerge but in the meantime, Russia is attempting to remove as many as possible from the market.

Social Media 129

Social Media Reporting IP Technology 129

Technology & Marketing Law Blog

JANUARY 27, 2024

19, 2024) The post Plaintiffs Tried to Plead Around Section 230. Snap appeared first on Technology & Marketing Law Blog. Worse, if any plaintiff finds any gap in Section 230 through this relentless and repetitive stress-testing of legal doctrines, Section 230 will be nullified without any Congressional amendment at all.

Blogging 73

Blogging Social Media Law Business 73

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D. USC didn’t appear on the list after that.

Advertising 59

Advertising Advertising False Advertising Marketing 59

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 57

Designs Design Social Media Registration 57

IP Tech Blog

OCTOBER 31, 2023

However, it is safe to assume that all of the well known social media platforms will fall into one of these categories.

Law 62

Law Social Media Publishing Technology 62

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 89

Social Media Law Contracts Designs 89

TorrentFreak

MARCH 4, 2024

By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30 30 Million in Damages With a default judgment, the textbook publishers hope to obtain an injunction that will limit LibGen’s ability to operate.

Publishing 98

Publishing Social Media Copyright Infringement Copyright 98

Technology & Marketing Law Blog

FEBRUARY 21, 2024

I still haven’t blogged last year’s In re Social Media Addiction rulings from the California federal and state courts. (I 2024 WL 678248 (Conn. Meta appeared first on Technology & Marketing Law Blog. Case citation : V.V. Meta Platforms, Inc. Superior Ct. Law360 article.

Publishing 68

Publishing Designs Design Social Media 68

LexBlog IP

JANUARY 19, 2024

On 15 January 2024, the UK Information Commissioner’s Office (“ ICO ”) [1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“ GenAI ”). 3] See ICO Generative AI first call for evidence (15 January 2024). [4]

Law 52

Law Social Media Contracts Intellectual Property 52

Copyright Lately

OCTOBER 2, 2023

This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Drop me a note in the comments below or @copyrightlately on social media. Thomson Reuters v. Ross Intelligence The issues at play in Thomson Reuters v. Ross Intelligence Inc.

Fair Use 97

Fair Use Copyright Copying Copyright Infringement 97

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

LexBlog IP

OCTOBER 31, 2023

However, it is safe to assume that all of the well known social media platforms will fall into one of these categories.

Law 52

Law Social Media Publishing Intellectual Property 52

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit held in NetChoice that the state’s interest in “enabling users to make an informed choice regarding whether to use [social media] Platforms” was sufficient to survive review under Zauderer.

Advertising 64

Advertising Advertising Social Media Government 64

Copyright Lately

NOVEMBER 8, 2022

That’s why Disney’s Steamboat Willie won’t enter the public domain until January 1, 2024, even though the film is set to celebrate its 95th birthday in 2023. I mean, sure, if you want to use “Mickey Mouse, Cat Abuser,” go ahead (in 2024). In 2023, this will include all works first published in 1927.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

Technology & Marketing Law Blog

MARCH 25, 2024

“Although social media platforms do not like it, scraping, for various ends, is commonplace.” March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH appeared first on Technology & Marketing Law Blog. Case Citation : X Corp.

Litigation 91

Litigation Contracts Advertising Advertising 91

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” Actual confusion: none, despite market coexistence since September 2020; favored Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. So: no joy on acquiescence, because five years wouldn’t be up until 2024. The judge found infringement in none of them. IPKat here.

Editing 70

Editing Registration Branding Brands 70

Technology & Marketing Law Blog

FEBRUARY 11, 2024

Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment.

Copyright Infringement 87

Copyright Infringement Social Media Copyright Licensing 87

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024.

Trademark 59

Trademark Registration Invention Social Media 59

Technology & Marketing Law Blog

JANUARY 13, 2024

. * Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

Social Media 72

Social Media Reporting Designs Design 72