43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

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. For trademark owners, litigation was their main option. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies.

Trademark 86

Trademark Social Media Advertising Advertising 86

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Rolling Stone litigation, though the facts are more internet-oriented. But the purpose of the editorial, “viewed as a whole,” was reporting, not commercial speech. Common sense tells us that this is not a simple advertisement.” “It

Advertising 64

Advertising Advertising Designs Design 64

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 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. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Gallagher Data Breach Litigation , 631 F.Supp.3d Strain, No. 22-30236 (5th Cir.

Social Media 73

Social Media Privacy Advertising Advertising 73

IPilogue

AUGUST 19, 2021

The New York Times reported that a spokesperson for Facebook, Instagram’s parent company, confirmed that it removed Thompson-Hera’s video but claims her access to the app was mistakenly suspended. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

FEBRUARY 20, 2023

. * * * To try to inject some credible information into the misinformation miasma, I’m participating in several post-oral argument events: 1) Very shortly after oral arguments are over, I will participate in a press conference to share some media-friendly quotes about the oral argument with reporters covering the case on deadline.

Social Media 92

Social Media Advertising Advertising Publishing 92

Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. The opinion upheld every aspect of Texas’ social media censorship law.

Law 114

Law Social Media Government Privacy 114

TorrentFreak

MARCH 4, 2024

“This damages award is a fraction of what it could be if this case were litigated and the full scope of Defendants’ infringement revealed,” the publishers note. LibGen launched around 2008 as a digital version of the same concept. The request isn’t limited to IPFS gateways, of course. based registrars or registries.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

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. Defendant BPM.com reported on the BPM industry. Previous discussion.)

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Recent litigation initiated by Texas and other Republican-led AG offices includes challenges to vaccine mandates and litigation over the failure to build a wall along the U.S.

Social Media 52

Social Media Privacy Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Section 230.

Advertising 91

Advertising Advertising Social Media Blogging 91

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” And their expert report was not good. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

JUNE 22, 2023

has “an editorial process for error correction and clarification, including a transparent process for reporting errors or complaints to the publication.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. updates its content at least weekly.

Journalism 90

Journalism Social Media Publishing Government 90

43(B)log

OCTOBER 8, 2021

image from complaint EK toy and comparison to EK EK Daredevil Stunt Set 70s TV ad (I love that the plaintiffs grabbed it off social media) Toy Story 4 featured a new character, Duke Caboom, who rides a Canadian-flag-colored motorcycle and dresses in a white jumpsuit, helmet, and cape with Canadian insignia.

Advertising 59

Advertising Advertising Social Media Licensing 59

Copyright Lately

SEPTEMBER 12, 2022

Likewise, news outlets that licensed the photo from Vila should be within their rights to use the picture to report on Shayk’s comings and goings and to comment on her fashion choices without violating Deadly Doll’s copyright in the drawing that happened to be printed on the sweat pants she wore that day. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 59

Law False Advertising Social Media Branding 59

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. An advertisement for Abby Sage Richardson’s dramatization of “The Prince and the Pauper,” produced by Daniel Frohman.

Art 93

Art Contracts Social Media Litigation 93

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. all over the globe. .

Cease and Desist 130

Cease and Desist Government Confidentiality Settlement 130

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

JANUARY 22, 2023

According to reports, the company was established in 1887 under the name Raleigh Cycle Co. The Plaintiff’s website, www.raleigh.co.uk, which was registered in 1998, as well as different social media platforms like Facebook, Telegram, LinkedIn, Twitter, YouTube, etc., are used to publicise the same.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

In 2021, Florida and Texas passed laws regarding “social media platform censorship.” This section highlights six structural problems with the opinion: The Indeterminate Universe of “Social Media Platforms” Treating Private Action Like State Action. Background. Structural Problems With the Opinion.

Social Media 138

Social Media Publishing Law Blogging 138

Technology & Marketing Law Blog

APRIL 3, 2023

This rule benefits artists, authors, students, non-profit organizations, small businesses, and others with limited financial resources who cannot afford to litigate through discovery and trial to a successful result. The expense of litigation may chill speech.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

LexBlog IP

MARCH 2, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. We expect to see an increase in state AGs using the media to showcase “wins” as a way to jump-start campaign efforts. IoT (Internet of Things) concept.

Privacy 52

Privacy Marketing Marketing Advertising 52

Technology & Marketing Law Blog

JANUARY 18, 2022

As the GAO Report indicates (discussed below), FOSTA’s worst tragedy is that it has hurt multiple communities without any benefits to any victim communities. THE MINDGEEK LITIGATION. CRAIGSLIST LITIGATION. For more background, read my primer about FOSTA and 230. Students: this post surfaces numerous potential paper topics.

Blogging 121

Blogging Reporting Publishing Law 121

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

AUGUST 11, 2022

But there weren’t reported lawsuits against Bollywood films. There’s no record of the judgment but there is contemporaneous reporting. The upside-down free riding story is just as hard to tell in litigation as the mosaic of exceptions and limitations that we already struggle to tell. Banks wouldn’t give loans to filmmakers.

IP 72

IP Copying Marketing Marketing 72

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. Does it work differently in the US where there is a separate ROP?

Fair Use 59

Fair Use Contracts Litigation Copying 59

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. A misstep in the metaverse is likely to have instantaneous negative effects for the company, just like it does on social media right now.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? We don’t have definite caselaw.

Copyright Law 40

Copyright Law Law Copyright Art 40

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. On March 2, 2022, Hermès filed an Amended Complaint.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52