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). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. NetChoice LLC v.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

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

TorrentFreak

FEBRUARY 15, 2022

Just a day after the complaint was filed, a Washington court issued a temporary restraining order designed to cripple Kiss Library. Whois Privacy Corp., Whois Privacy Corp., In August 2020, the injunctions, which also covered banks, payment processors, credit card companies, advertisers and search engines, were made permanent.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

MAY 9, 2023

PATENT ABSTRACT & ART: A method for media presentation in a vehicle includes receiving a Bluetooth Low Energy (BLE) advertising message from a user interface (UI) device. Navigating the vast world of social media has just become easier and more visually engaging, thanks to a recent patent granted to Snap Inc.

Editing 52

Editing Patent Patent Application Social Media 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.]

Registration 52

Registration False Advertising Advertising Advertising 52

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

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

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

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. Think YouTube, Instagram, Facebook, Twitter, TikTok, LinkedIn, etc.

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

IP and Legal Filings

DECEMBER 21, 2022

Today, social media has become a vital part of our lives. Before, there were various print media outlets that we could rely on such as newspapers, television, and radio. However, now, with the rise of social media, users can now create their own content and spread it with thousands of people. What is Social Media?

Social Media 82

Social Media Law Government Privacy 82

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

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media 105

Social Media Government Designs Design 105

Intepat

FEBRUARY 7, 2023

The visual technology and design capabilities are developing at a rapid pace where the metaverse will allow users to interact with virtual objects in real life with real-time information. The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues.

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

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 108

Blogging Publishing Social Media Advertising 108

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. 3) reasonable measures to safeguard privacy interests. (4) Did they influence how you advertise? Expand social media monitoring. But is generative AI really the same?

Social Media 52

Social Media Fair Use Advertising Advertising 52

Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) .

Government 102

Government Advertising Advertising Reporting 102

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 79

Social Media Privacy Law Publishing 79

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

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. Strain, No. 22-30236 (5th Cir. Kochava, Inc.,

Social Media 71

Social Media Privacy Advertising Advertising 71

43(B)log

APRIL 7, 2023

DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Bradford’s four examples of the Brussels Effect v. Which regime to choose?

Art 45

Art Copyright Settlement Moral Rights 45