Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Ariix, LLC v. NutriSearch Corp.,

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Advertising Advertising Contracts Social Media 107

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.

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Advertising Advertising Reporting Privacy 52

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

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.

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Law Social Media Advertising Advertising 102

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

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 90

Blogging Social Media Television Fair Use 90

IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. Interestingly, increasing barriers to the online advertising ecosystem may benefit users.

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Social Media Advertising Advertising Privacy 106

IPilogue

NOVEMBER 3, 2021

The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Social media may be a broad, general marketplace and thus fail to meet one of the criteria under Section 2. asked a judge to dismiss the U.S

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Social Media Marketing Marketing Advertising 106

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “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.” Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards.

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Copyright Social Media Fair Use Licensing 142

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.”

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Social Media Privacy Law Government 143

LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Edited by Coby Turner and Cathy Feldman

Social Media 52

Social Media Intellectual Property Contracts Branding 52

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

Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

Blogging 101

Blogging Trademark Fair Use Trademark Law 101

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

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Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control. Doing what, exactly?

Social Media 115

Social Media False Advertising Advertising Advertising 115

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Snap also relies heavily on its ability to collect and disclose to its advertisers the personal data and metrics collected from Oregon residents, including M.K. by collecting her data for use and distribution to advertisers while M.K.

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Social Media Contracts Advertising Advertising 113

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

Online advertisers bid to use keywords from search engines that feature famous brand names to divert customers to their website which damages the brand’s reputation. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Thus, it becomes important to safeguard your business.

Branding 52

Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. The court says that the publicity rights claim isn’t preempted to the extent that “PeopleConnect is using their names and likenesses to advertise the subscription membership.” Section 230.

Advertising 90

Advertising Advertising Social Media Blogging 90

Technology & Marketing Law Blog

FEBRUARY 20, 2023

How would the web and social media change? for more on this point, see this short piece ] This case has drawn attention because of its potential implications for recommendation algorithms and content moderation on social media platforms. Google Oral Arguments appeared first on Technology & Marketing Law Blog.

Social Media 91

Social Media Advertising Advertising Publishing 91

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”).

Designs 57

Designs Design Social Media Privacy 57

IP Tech Blog

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code.

Advertising 57

Advertising Advertising Social Media Branding 57

IPilogue

JUNE 27, 2022

Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g. users who click the “like” button on the advertiser’s Facebook Page).

Privacy 59

Privacy Social Media Advertising Advertising 59

LexBlog IP

JUNE 30, 2023

We blogged about that here. Definitions Endorsements – The Commission broadened the list of examples, including social media post tags, though it also clarified that such things “can” be endorsements but are not always. In February 2020, the Commission sought comments on the Guides. Below are some highlights.

Social Media 52

Social Media Advertising Advertising Publishing 52

IPilogue

DECEMBER 15, 2022

Given that the artists refused to take action and continued to benefit from the social media posts, Vogue requested and was granted immediate injunctive relief to prevent Drake and 21 Savage from using fake covers to promote their album.

Social Media 105

Social Media False Advertising Copying Trademark 105

TorrentFreak

APRIL 6, 2022

In 2019, LaLiga launched an investigation into a website advertised on social media that was being used to illegally market football content plus other material belonging to a “well-known” on-demand television platform. According to police sources, the site offered subscriptions to illegal IPTV and CCCAM services.

Social Media 126

Social Media Television Intellectual Property Technology 126

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Disclosure requirements are carefully monitored by the ASA and the CMA (see our previous blog in relation to this here ).

Marketing 57

Marketing Marketing Branding Brands 57

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

Garrigues Blog

JULY 11, 2022

Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two social media outlets. The Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

IP Tech Blog

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. The post Gambling on Top Flight Footballers: ASA Ruling appeared first on Global IP & Technology Law Blog.

Advertising 62

Advertising Advertising Social Media Marketing 62

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 85

False Advertising Social Media Publishing Advertising 85

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.

Social Media 98

Social Media Law Blogging Publishing 98

LexBlog IP

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code.

Social Media 52

Social Media Advertising Advertising Branding 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

IP 71

IP Advertising Advertising Copyright 71

Technology & Marketing Law Blog

MAY 23, 2022

Even if platforms could revamp their entire communities, they would lose substantial revenue from boycotts by advertisers who do not want their ads to appear next to vile, objectionable expression.” “HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.”

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Social Media Law Publishing Blogging 130

IPilogue

JULY 4, 2022

Rodin logs onto his virtual classroom, draws on the virtual whiteboard during break time, and posts his homework using a social media platform— just like every other school day during the pandemic.

Privacy 120

Privacy Social Media Government Technology 120