Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 113

Social Media Contracts Advertising Advertising 113

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?

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

APRIL 26, 2022

Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 84

Litigation Contracts Advertising Advertising 84

Traverse Legal Blog

APRIL 2, 2023

Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle. The Federal Trade Commission (FTC) will likely modify Part 255 regarding using endorsements and testimonials in advertising in 2023.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 64

Advertising Advertising Designs Design 64

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

43(B)log

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. I’m not sure this makes sense.

Advertising 59

Advertising Advertising Social Media Contracts 59

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.” Tattoo Advertising/Human Billboards. She now does her tattoo artistry pro bono.

Copyright 142

Copyright Social Media Fair Use Licensing 142

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. Chapter three identifies and analyses three influences on behaviour, namely; law, desire to collaborate via contract, and social norms.

Television 67

Television Social Media Advertising Advertising 67

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”. Katpost on the ruling here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

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. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Branding Brands 57

IPilogue

JANUARY 11, 2023

There are significant overlaps and considerations to think of with the roll-out of a privacy policy, consumer protection laws, and a range of different agreements including those related to advertising, purchase and sale, events, and content production freelancer rights.

Journalism 80

Journalism Privacy Contracts IP 80

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts. Attorney General.

Editing 88

Editing Social Media Blogging Advertising 88

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. At most, the Advertiser-friendly content guidelines permit users to “request human review of [monetization] decisions made by [defendants’] automated systems.” Note how this explicitly covers both leave-up and takedown decisions.

Contracts 135

Contracts Publishing Law Government 135

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 139

Music Contracts Reporting Government 139

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

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 91

Contracts Social Media Advertising Advertising 91

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever. How is that fair?

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. Davis argued that the TOSes are contracts of adhesion.

Social Media 73

Social Media Contracts Law Litigation 73

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM.

Copying 121

Copying Social Media Licensing Technology 121

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 97

Social Media Law Blogging Publishing 97