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.

Social Media 52

Social Media Art Marketing Marketing 52

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.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

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 99

Social Media Law Blogging Publishing 99

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.”

Social Media 132

Social Media Law Publishing Blogging 132

LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” And that question is even more acute when it comes to children.

Advertising 52

Advertising Advertising Social Media Marketing 52

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

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

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." Affirming the first two refusals,genericness and failure-to-function, was a snap, because the applicant presented no argument regarding them on appeal.

Marketing 70

Marketing Marketing Social Media Advertising 70

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

Marketing 94

Marketing Marketing IP Music 94

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

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

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.

Advertising 52

Advertising Advertising Social Media Publishing 52

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. They didn’t advertise any alternative or promote a specific product.

Advertising 59

Advertising Advertising Social Media False Advertising 59

IP and Legal Filings

JULY 21, 2022

Today’s world is growing so fast and we humans are becoming completely dependent upon the technology If you’ve spent any length of time on any social media site in the previous few years, you’ll recognise three facts. For starters, social media is become an essential marketing platform for the majority of firms.

Trademark 80

Trademark Social Media Marketing Marketing 80

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

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

The TTABlog

JANUARY 6, 2022

Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative].

Social Media 62

Social Media Advertising Advertising Music 62

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.”

Social Media 143

Social Media Privacy Law Government 143

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 Tech Blog

FEBRUARY 26, 2024

The UK’s Advertising Standards Authority ( ASA ) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. In their view, the ad presented FKA twigs as a “ stereotypical sexual object ” and “centred on FKA twigs’ physical features rather than the clothing ”.

Advertising 62

Advertising Advertising Social Media Branding 62

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

IPilogue

AUGUST 19, 2021

the TOKYO 2020 EMBLEM ) are protected as an official mark but not under the OPMA, which may present difficulties as certain businesses look to the OPMA to check their compliance. . 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

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. It is notable that in some advertisements, there are distorted names of the luxury brands ( here , here , and here ) used to indicate their product name.

Trademark 111

Trademark Advertising Advertising Branding 111

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. In November 2023, X corp. on all counts. Bright Data Ltd. , 3:23-cv-03698 (N.D.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

Reporting 92

Reporting Marketing Marketing Social Media 92

Technology & Marketing Law Blog

JANUARY 24, 2023

If you are wondering what happens after that, consider this. * * * Because it’s all going south, this year I present an unranked list of this year’s worst developments for Internet Law: Musk Buys Twitter. Two recent key developments were the Digital Markets Act and the Digital Services Act. California AADC (AB 2273).

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

IP 73

IP Advertising Advertising Copyright 73

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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”).

Designs 57

Designs Design Social Media Privacy 57

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.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

The IPKat

JANUARY 2, 2022

v EUIPO | Case T-509/19) and the importance of presenting valid arguments for the existence of a link between the marks - even in the case of marks with an exceptional reputation ( Puma v EUIPO | Case T-71/20). Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

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.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 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. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. 5: Marketing to Minors. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

AUGUST 3, 2023

A single user can obfuscate its past identity from its present. Also identity concealment—Worldcom to MCI; organizational misdescription—renaming, reorganization, shell companies; source obfuscation, where FB rebrands to Meta as distraction; affiliative disinformation—broader rebranding associated w social movements.

Social Media 52

Social Media Fair Use Advertising Advertising 52

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139