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

IPilogue

MARCH 13, 2023

One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers. What did Target do with this information? It mailed her coupons for baby clothes and cribs.

Social Media 106

Social Media Advertising Advertising Privacy 106

Michael Geist

OCTOBER 2, 2023

By contrast, the inclusion of registration requirements for a wide range of undertakings, including some podcast services, online news sites, adult content sites, and social media left some characterizing it as a podcast registry or part of “one of the world’s most repressive online censorship schemes.” So what’s the reality?

Registration 145

Registration Social Media Confidentiality Government 145

Michael Geist

JANUARY 31, 2024

It may be the most dangerous Internet bill you’ve never heard of since it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media. Ensure compatibility of Canadian regulations on age-verification with international standards.

Technology 125

Technology Privacy Government Social Media 125

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 consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

IPilogue

JUNE 27, 2022

(Facebook) was liable under several provincial privacy statutes for using class members’ likenesses without their consent. . 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.

Privacy 59

Privacy Social Media Advertising Advertising 59

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. 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

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

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters.

Copyright Law 94

Copyright Law Copyright Law Social Media 94

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 130

Social Media Advertising Advertising Copyright 130

Michael Geist

AUGUST 9, 2023

Digital services revenue can arise from (1) online marketplace services revenue (which would cover an Ebay, Airbnb or Uber), (2) online advertising services revenue (Google or Microsoft), (3) social media services revenue (Facebook or TikTok), and (4) user data revenue (any company that collects and sells user data).

Social Media 52

Social Media Government Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. Some of the things on my mind: Is 50 Cent a clinic client or not?

Social Media 115

Social Media False Advertising Advertising Advertising 115

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

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 to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. NetChoice LLC v.

Editing 88

Editing Social Media Blogging Advertising 88

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 87

Fair Use Social Media Licensing Marketing 87

Michael Geist

JULY 18, 2023

Compromise amendments were ignored in favour of tough talk about not backing down, the platforms were investigated for daring to test link blocking, and MPs and Senators acted as stenographers for media lobby groups by introducing amendments that now leave the government with even less flexibility in the regulatory process.

Government 87

Government Social Media Advertising Advertising 87

LexBlog IP

JANUARY 26, 2023

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta (formerly Facebook), they are now eyeing other industries, including the fast food industry.

Social Media 40

Social Media Privacy Advertising Advertising 40

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. Spelling-Goldberg Prods.,

Personality Rights 89

Personality Rights Privacy Trademark Law False Advertising 89

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.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Garrigues Blog

JULY 11, 2022

Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two social media outlets. The Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 90

Advertising Advertising Social Media Blogging 90

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

SpicyIP

JULY 9, 2021

(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. In Akshaya Creations v. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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 71

IP Advertising Advertising Copyright 71

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 85

False Advertising Social Media Publishing Advertising 85

LexBlog IP

APRIL 19, 2023

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. Data Privacy Data privacy may eventually create a path to protection but this will not come easy. And state or federal laws are unlikely to restrict use of publicly available songs on privacy grounds. ” White v.

Music 52

Music Privacy Social Media Copyright 52

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Click on the image to see the animation.

Contracts 103

Contracts Privacy Social Media Advertising 103

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 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 84

Litigation Contracts Advertising Advertising 84

TorrentFreak

FEBRUARY 15, 2022

Whois Privacy Corp., A similar order was granted requiring email services, social media services, search engines and other online providers to disable service to all of the defendants’ websites. Without the defendants being heard, domain registries and registrars, including Tucows Domains Inc., and NameCheap, Inc.,

Social Media 102

Social Media Publishing Copyright Law Copyright 102

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 97

Privacy Marketing Marketing Social Media 97

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. & Prof.

Contracts 91

Contracts Social Media Advertising Advertising 91

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

Law 59

Law Privacy False Advertising Social Media 59

LexBlog IP

MAY 9, 2023

PATENT ABSTRACT & ART: A method for media presentation in a vehicle includes receiving a Bluetooth Low Energy (BLE) advertising message from a user interface (UI) device. Navigating the vast world of social media has just become easier and more visually engaging, thanks to a recent patent granted to Snap Inc.

Editing 52

Editing Patent Patent Application Social Media 52

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.

Branding 98

Branding Brands Branding Personality Rights 98

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62