43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

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

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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

DECEMBER 14, 2022

Both the Tweet and the article, which appear in the video posted by the Defendants, indisputably place Kogan’s photo with Jackson next to images and text that promote penile enhancement surgery and the Defendants’ business. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation.

Social Media 115

Social Media False Advertising Advertising Advertising 115

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

Michael Geist

AUGUST 9, 2023

The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses. Take targeted advertising revenues, which would require that the user be physically located in Canada at the time. These are just two examples.

Social Media 52

Social Media Government Advertising Advertising 52

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

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

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.” I’m sure this opinion will be appealed.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. ” Click on the image to see the animation.

Contracts 104

Contracts Privacy Social Media Advertising 104

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 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 72

IP Advertising Advertising Copyright 72

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.

Social Media 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 98

Privacy Marketing Marketing Social Media 98

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

TorrentFreak

DECEMBER 7, 2023

Social media platform Facebook also reports huge numbers of takedowns to the EC. Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

Business 99

Business Reporting Social Media Copyright 99

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 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. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

Patently-O

FEBRUARY 21, 2023

Section 230 fostered the dominant social media business model where almost all of the major internet media services rely primarily upon user-provided content. But, AI may be different since it is more content-generative than most social-media. ”) 47 U.S.C. DCMA notice-and-takedown-provision.

Social Media 54

Social Media Publishing Privacy Advertising 54

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

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. It has issued AI-related guidance in the past.

Social Media 52

Social Media Advertising Advertising Technology 52

Intepat

FEBRUARY 7, 2023

Moving Towards The Metaverse Businesses inadvertently move towards spaces which have the potential for more money to be tapped. One such growing space that is considered a hotbed for businesses is the metaverse. The conventional internet and social media, as we know it, is referred to as the Web2.0

IP 52

IP Law Invention Licensing 52

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). pounds/week); 86% make positive subjective claims; 78% make business opportunity claims. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. Second, the substance Two items were on the agenda today, and they both involve FTC 6(b) studies.

Social Media 52

Social Media Reporting Journalism Advertising 52

Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

Social Media 79

Social Media Privacy Law Publishing 79

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. . * Strain, No. 22-30236 (5th Cir. Kochava, Inc., 2023 WL 3249809 (D.

Social Media 71

Social Media Privacy Advertising Advertising 71

43(B)log

APRIL 7, 2023

Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Globally speaking, car manufacturing is a big business dominated by 20 companies in 8 countries. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45

LexBlog IP

MARCH 2, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Khan expressed her view that false and misleading advertising leads to improper market consolidation and antitrust issues, and vice versa. Prediction No. Prediction No.

Privacy 52

Privacy Marketing Marketing Advertising 52

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. The following summarizes our 10 key takeaways from 2021. Takeaway No. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 113

Law Social Media Government Privacy 113