Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

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Social Media Law Blogging Publishing 97

TorrentFreak

JANUARY 31, 2024

The USTR’s report aims to motivate governments and various players in the private sector to take appropriate action, wherever that’s possible, to disrupt and limit infringement. Russia-based trio Rapidgator (file-hosting), RuTracker (torrents) and VK, the largest social media platform in Russia, also maintain their spots.

Reporting 92

Reporting Marketing Marketing Social Media 92

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. Are the reports advertisements?

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Social Media Reporting Contracts False Advertising 52

SpicyIP

JANUARY 30, 2024

As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” This dispute has made its way to mainstream news both online and TV and has also sparked debates on social media. News reports (of which there are several!

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False Advertising Social Media Inventor Advertising 116

43(B)log

SEPTEMBER 14, 2021

18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. The Board sued Doe for trademark infringement and related claims; Doe defaulted.

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Social Media False Advertising Advertising Advertising 53

IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

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Advertising Advertising Social Media Publishing 57

TorrentFreak

FEBRUARY 1, 2023

Drawing on input from copyright holders, the report includes a non-exclusive overview of sites and services that are believed to be involved in piracy or counterfeiting. For more than a decade we have covered the online part of the report. In recent years, the scope of the report has broadened.

Marketing 121

Marketing Marketing Social Media Reporting 121

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. Proactively promote and facilitate compliance by brands.

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Branding Brands Branding Social Media 52

TorrentFreak

APRIL 11, 2024

The debate over whether copyright infringement cannibalizes legitimate media consumption has been dragging on for several decades now. The issue has been researched extensively with both positive and negative effects being reported, varying based on the type of content and the ‘piracy’ source, among other variables.

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Social Media Copyright Infringement Television Journalism 108

LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

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Advertising Advertising Social Media Publishing 52

IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

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Social Media Advertising Advertising Branding 57

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

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Fair Use Advertising Advertising False Advertising 64

LexBlog IP

APRIL 4, 2022

” And the infomercials and other advertising were quite entertaining. But a trip down advertising memory lane unfortunately often leads us into the Federal Trade Commission (FTC) danger zone. FTC guidance on native advertising and policy statements on deceptively formatted ads demonstrate the continued importance of this issue.

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Advertising Advertising Social Media Reporting 52

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. Case Study: Satyam Infoway Ltd.

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Trademark Social Media Advertising Advertising 84

TorrentFreak

SEPTEMBER 25, 2023

This activity generates many millions of views which are monetized by the social media platform, while rightsholders receive no compensation for the use of their works. A few weeks ago, the social media platform filed a motion to dismiss , refuting all piracy allegations. .

Music 125

Music Copyright Infringement Social Media Advertising 125

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. Lanham Act claim: Were these alleged statements commercial advertising or promotion? Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. They didn’t advertise any alternative or promote a specific product.

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Advertising Advertising Social Media False Advertising 59

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

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Facebook has not responded to the lawsuit, nor has it responded to media requests about it. Only a few sites have reported on it, and I would have missed it myself if not for outreach from Cook herself. Why This Lawsuit Could Be Important.

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Social Media Copyright Infringement Copyright Plagiarism 246

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. In fact, reports suggest that the experience on Facebook without news has improved. Some report losing as much as 50% of their website traffic.

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Social Media Government Journalism Advertising 143

Plagiarism Today

JULY 28, 2022

First off today, Luke Plunkett at Kotaku reports that the iconic “oof” sound effect in Roblox has been removed yet again due to licensing issues with the sound’s creator. 2: Rapper Nonini Goes After Social Media Influencer in Legal Battle. Have any suggestions for the 3 Count?

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Social Media Licensing Journalism Plagiarism 192

LexBlog IP

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

JUNE 21, 2023

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.” The court found that the commercial speech exception applied to the ESG report.

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Law Social Media Reporting Business 72

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Claims against Vogue /Conde Nast were covered by Rogers , which applies whenever the “unauthorized use of another’s mark is part of a communicative message and not a source identifier,” including to “commentary, news reporting or criticism,” “i.e.,

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Advertising Advertising Designs Design 64

Velocity of Content

DECEMBER 12, 2022

Traditional journalism organizations and digital-native social media networks alike face a formidable challenge – more and more, people trust information less and less. NewsGuard rates the credibility of news and information websites and tracks online misinformation for search engines, social media apps, and advertisers.

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Social Media Journalism Reporting Advertising 98

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. logos on their materials to identify their social media accounts. When I see these claims I think about all the businesses using Facebook, Twitter, LinkedIn etc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. Fair Credit Reporting Act. It has issued AI-related guidance in the past.

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Social Media Advertising Advertising Technology 231

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 report benchmarks the IP frameworks in 55 major economies and rates them based on how effectively they protect all kinds of intellectual property.

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Intellectual Property Social Media Reporting IP 124

43(B)log

FEBRUARY 17, 2022

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. You can find out more here: [link].

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Advertising Advertising False Advertising Marketing 80

TorrentFreak

OCTOBER 31, 2022

This growth is facilitated by users who openly advertise the site on social media, TikTok included. While the Authors Guild doesn’t recommend branding the platform as a notorious market, the social media platform responded to these and other rightsholder complaints in a letter to the USTR. TikTok Responds.

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Social Media Publishing Intellectual Property Marketing 138

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.

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Social Media Advertising Advertising Government 138

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

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. Fair Credit Reporting Act. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

TorrentFreak

NOVEMBER 14, 2023

Tanggula set-top boxes are advertised on social media platforms, sold via various affiliate and reseller schemes, and ‘reviewed’ regularly on YouTube. According to the Black Friday offers currently being advertised on Twitter , $299 is the ‘bargain’ rate for a black and red Android-based device.

Copyright 89

Copyright Social Media Advertising Advertising 89

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

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”).

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Designs Design Social Media Privacy 57