Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof. Section 230.

Contracts 92

Contracts Social Media Advertising Advertising 92

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

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

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

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

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. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

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

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

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Intepat

FEBRUARY 7, 2023

The conventional internet and social media, as we know it, is referred to as the Web2.0 Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., – Data protection and privacy issues. The primary distinction between the two is that while Web2.0 – Jurisdictional issues.

IP 52

IP Law Invention Licensing 52

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Did they influence how you advertise? Expand social media monitoring. Christopher S.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media 71

Social Media Privacy Advertising Advertising 71

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