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.

Law 102

Law Social Media Advertising Advertising 102

SpicyIP

JANUARY 30, 2024

This dispute has made its way to mainstream news both online and TV and has also sparked debates on social media. Social media debates are also unhelpful. Some reports ( here and here ) suggest that the dispute may be related to false or misleading advertising. But what exactly is this dispute about?

False Advertising 116

False Advertising Social Media Inventor Advertising 116

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

Trademark 88

Trademark Social Media Advertising Advertising 88

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Much of the language was written well before widespread adoption of social media, and much of that language was vague even then. The lawsuit is proposed as a class action, including all U.S. They estimate that class to be in the thousands.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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

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

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

Plagiarism Today

JULY 28, 2022

This required Roblox designers to pay $1 (or 100 Robux) to include the sound effect in their creations. 2: Rapper Nonini Goes After Social Media Influencer in Legal Battle. That sound launches immediately and, according to Roblox, is part of a broader push to add sounds by obtaining them directly from creators and licensors.

Social Media 188

Social Media Licensing Journalism Plagiarism 188

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design. What does a graphic designer do? .

Graphic Design 52

Graphic Design Designs Design Art 52

Olartemoure Blog

APRIL 14, 2023

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

Branding 52

Branding Brands Branding Derivative Work 52

The TTABlog

APRIL 2, 2024

"The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box. Opposer Taylor admitted that alternative designs are available.

Designs 57

Designs Design Social Media Registration 57

TorrentFreak

MARCH 29, 2023

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

Social Media 137

Social Media Advertising Advertising Copyright 137

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. The most notorious streaming platforms are designed to ignore copyright concerns. law, but that’s not a given. For that group, site blocking would be a solution.

Social Media 100

Social Media Advertising Advertising Law 100

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

Art Law Journal

DECEMBER 29, 2021

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! Top Advertising Agencies.

Graphic Design 52

Graphic Design Designs Design Web Design 52

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

Social Media 137

Social Media Registration Intellectual Property Ownership 137

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. Edited by Coby Turner and Cathy Feldman

Social Media 52

Social Media Intellectual Property Contracts Branding 52

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

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. Now, virtually every creator is dabbling in various media.

Plagiarism 231

Plagiarism Copying Social Media Technology 231

Michael Geist

AUGUST 9, 2023

Further, the Canadian plan is facing significant opposition from many OECD countries since it may jeopardize a global agreement that is designed to address the digital services tax issue. 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

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”. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content.

Privacy 94

Privacy Social Media Advertising Advertising 94

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

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 on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Analysis of CA AB587).

Editing 88

Editing Social Media Blogging Advertising 88

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

Government 102

Government Social Media Law Music 102

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. Batesville was founded in 1884 as the Batesville Coffin Company.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

Michael Geist

DECEMBER 19, 2022

In Twitter’s case, the company took the position that certain links posted by users – namely links to rival services – create unfair competition since Twitter is competing with services such as Instagram for the same user base and the same advertisers. paid advertising). negotiated or arbitrated licence).

Social Media 84

Social Media Advertising Advertising Government 84

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” McCleese v. Natorp’s, Inc.,

Copying 64

Copying False Advertising Social Media Advertising 64

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. The policy has been adopted in several other countries, repeatedly sparking a response from the U.S.

Social Media 89

Social Media Advertising Advertising Government 89

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Copyright may protect a business’ marketing materials and an app’s program code, and the look and feel of an app might be covered by design rights. system, this is basically a registered design.

Designs 52

Designs Design Music Invention 52