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. Then, in Liapes v. Musk has bridged that gap. StopTheSADScheme.

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Law Social Media Advertising Advertising 103

TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

Marketing 122

Marketing Marketing Social Media Reporting 122

Art Law Journal

JULY 26, 2022

Thanks to the internet and its billions of active users, it’s become easier than ever to leverage social media for artists to amass a following within niche communities, network with like-minded creators, and ultimately increase chances of finding new clients. . . First impressions: the art of the bio.

Social Media 67

Social Media Business Art Branding 67

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

Advertising 68

Advertising Advertising Social Media Government 68

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 57

Social Media Advertising Advertising Branding 57

Art Law Journal

AUGUST 10, 2022

Here’s a common scenario on social media for artists: You’re starting to grow a steady online following, but your audience isn’t commenting, liking or sharing your first few posts. So is it time to throw in the towel on social media and focus on other marketing strategies? Wear your heart on your sleeve.

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Social Media Art Marketing Marketing 52

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

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Advertising Advertising Reporting Privacy 62

Trademark and Copyright Law Blog

AUGUST 27, 2021

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising.

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Social Media Intellectual Property Advertising Advertising 40

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

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. patent law. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

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False Advertising Advertising Advertising Patent 59

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.,

Advertising 108

Advertising Advertising Contracts Social Media 108

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 52

Social Media Advertising Advertising Branding 52

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

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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Trademark Social Media Advertising Advertising 86

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. billion in 2020 to $24.1

Marketing 57

Marketing Marketing Branding Brands 57

43(B)log

SEPTEMBER 14, 2021

18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. The Board sued Doe for trademark infringement and related claims; Doe defaulted.

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Social Media False Advertising Advertising Advertising 53

IPilogue

NOVEMBER 3, 2021

Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School . . The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. asked a judge to dismiss the U.S

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Social Media Marketing Marketing Advertising 106

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

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Fair Use Advertising Advertising False Advertising 64

IP Tech Blog

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.

Advertising 57

Advertising Advertising Social Media Publishing 57

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common.

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Marketing Marketing Social Media Personality Rights 40

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

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Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MAY 11, 2022

Unlike some other protect-the-kids laws, parents cannot override the law for their children). The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated What The Bill Says. generated content.”

Social Media 143

Social Media Privacy Law Government 143

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Market Effect. Background. Nature of the Work. Implications.

Copyright 142

Copyright Social Media Fair Use Licensing 142

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

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.

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Copyright Fair Use Social Media Artwork 78

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for.

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Blogging Contracts Cease and Desist Social Media 95

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.

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Copying False Advertising Social Media Advertising 94

Michael Geist

APRIL 20, 2023

Leaving aside the fact that if there were problems with the amendment, it was open to the government – and is still open to the Senate – to fix any perceived problems by amending the amendment, the reality is that Senator Gold’s explanation gets the law wrong. Senator Gold and the government are wrong. Section 4.1(2)

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Government Social Media Law Music 105

IPilogue

NOVEMBER 18, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The success of Ye and Adidas’ co-branding partnership demonstrates how cross-licensing IP, including industrial designs and trademarks, can be a strategic marketing scheme to tap into different markets or classes of consumers.

Business 131

Business Contracts Branding Brands 131

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

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 85

Fair Use Social Media Licensing Marketing 85

IP and Legal Filings

AUGUST 4, 2022

Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” The laws governing copyright cover a variety of materials used in the tourism sector.

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Intellectual Property Law Intellectual Property Law Social Media 76

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 114

Technology & Marketing Law Blog

FEBRUARY 20, 2023

Second, coverage of the oral arguments will be overwhelmed by the misguided and erroneous bloviating by so-called experts (such as the “national security experts”) who are new to Section 230 and don’t understand the law–or care about free speech or freedom–at all. How would the web and social media change?

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Social Media Advertising Advertising Publishing 92

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. Regulation of Political Advertising (2022 Edition). Analysis of CA AB587).

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Editing Social Media Blogging Advertising 89