Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Robinhood Markets, Inc.,

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Advertising Advertising Contracts Social Media 110

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

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False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

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Michael Geist

APRIL 20, 2023

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. It is sad that as the bill nears passage, the government doesn’t seem to understand or misleads on the impact of its own legislation.

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Government Social Media Law Music 106

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

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43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

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Government Advertising Advertising Social Media 52

Michael Geist

JUNE 8, 2023

Canadian Heritage Minister Pablo Rodriguez appeared last night before the Senate committee studying Bill C-18, facing repeated questions about how his government will respond if Internet platforms such as Facebook block news sharing in response to bill’s system of mandated payments for links. This just isn’t true. How to reconcile?

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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.

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Advertising Advertising False Advertising Social Media 40

TorrentFreak

MAY 23, 2024

Italy’s Gambling Ad Ban Friction between what citizens believe they have a right to say, do, or see online, and what their governments believe is appropriate, is rarely a product of negotiation between the parties. Because, in a nutshell, Google’s advertising service can’t be considered passive. No downloads.

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Advertising Advertising Social Media Branding 74

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

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Social Media Privacy Law Government 144

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

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Marketing Marketing Business False Advertising 59

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. In the world of social media, everyone’s got an angle. Celebrities and influencers who provide endorsements for a living are more likely to comply with Part 255.

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Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Snap also relies heavily on its ability to collect and disclose to its advertisers the personal data and metrics collected from Oregon residents, including M.K. by collecting her data for use and distribution to advertisers while M.K.

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Social Media Contracts Advertising Advertising 116

Technology & Marketing Law Blog

FEBRUARY 20, 2023

How would the web and social media change? for more on this point, see this short piece ] This case has drawn attention because of its potential implications for recommendation algorithms and content moderation on social media platforms. Google Oral Arguments appeared first on Technology & Marketing Law Blog.

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Social Media Advertising Advertising Publishing 93

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. government. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

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Reporting Marketing Marketing Social Media 94

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

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Intellectual Property Social Media Reporting IP 125

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).

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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). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws?

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Editing Social Media Blogging Advertising 90

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.

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Intellectual Property Social Media IP Trademark 106

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”).

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Designs Design Social Media Privacy 57

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

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Music Contracts Reporting Government 139

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” Moreover, the government may not demand a private party “undertake contextual analyses, weighing and balancing many factors. Now it’s the 5 th Circuit’s turn.

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Advertising Advertising Social Media Government 64

azrights

OCTOBER 5, 2023

Someone senior within a business should have enough understanding of ‘brand’ and its associated intellectual property to know how and when to take steps, such as by involving legal, or regulatory support when engaging external services to make changes to the brand, or to create a new website, or marketing campaign.

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Copying Branding Brands Branding 52

TorrentFreak

MAY 2, 2022

Around the middle of April, posts on social media sites popular in Russia (VK, Telegram) suggested that cinemas in several regions would begin screening big Hollywood movies, including ones that should not be available. Where There’s The Will, There’s a Way. The source for the movie was unofficial, of course.

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Cinema Social Media Business Copying 143

Biswajit Sarkar Copyright Blog

JULY 25, 2022

that is created by users and pushed on social media and other online platforms. These platforms have content that fall within the category of UGC, however the rules governing them are often unclear. In such a case, the content may be removed or de-monetised if it has been receiving any kind of advertisement revenue.

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Copyright Social Media Branding Brands 52

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 74

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. 2023, August tuesday).

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Privacy Social Media Advertising Advertising 92

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Toyota, 610 F.3d 3d at 1177.

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Fair Use False Advertising Social Media Advertising 69

TorrentFreak

DECEMBER 24, 2021

Nintendo informed the Court that the platforms are commercial in nature since they generate income from advertising via “click-through” arrangements with third parties. Nintendo said that its solicitors had made extensive efforts to contact the operators of the NSW2U sites and have its social media pages taken down.

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Social Media Artwork Copyright Reporting 140

LexBlog IP

JULY 21, 2021

Your location data is then sold to aggregators, advertisers and marketers, sometimes in real time and usually without your express consent. Advertisers then use the location data to target relevant ads to your device. Given this value and interest, it is no surprise that location data market continues to grow.

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Social Media Advertising Advertising Marketing 52

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. The objective is to mislead the consumers knowing well the marketability of this concept. Another pertinent aspect is the effect of its disposal to the environment.

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Branding Brands Branding Trademark 79

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

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Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

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Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 23, 2022

Even if platforms could revamp their entire communities, they would lose substantial revenue from boycotts by advertisers who do not want their ads to appear next to vile, objectionable expression.” “HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.”

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Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98