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

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

American business regulation generally encourages “permissionless” innovation. It requires businesses to prepare “impact assessments” before launching new features that kids are likely to access. The bill requires businesses to prioritize the best interests of children above all else.

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Designs Design Privacy Business 110

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

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Social Media Privacy Designs Design 85

IP Tech Blog

MARCH 20, 2023

“FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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Advertising Advertising Reporting Privacy 62

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. Designed as a direct competitor to Twitter, Threads is being marketed to Instagram’s 2.35 They are used by criminals to prey on unsuspecting social media users. billion- strong user base [1].

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

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Social Media Contracts Ownership Business 79

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

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Marketing Marketing Confidentiality Social Media 52

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

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Advertising Advertising Settlement Contracts 64

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.

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Fair Use Social Media Licensing Marketing 85

Technology & Marketing Law Blog

DECEMBER 14, 2022

Both the Tweet and the article, which appear in the video posted by the Defendants, indisputably place Kogan’s photo with Jackson next to images and text that promote penile enhancement surgery and the Defendants’ business. When is a video showing content published on social media an advertisement, and when it is a documentary?

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Social Media False Advertising Advertising Advertising 115

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement).

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Licensing Social Media Contracts Privacy 103

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them. From this, the system “learned” that men were more desirable candidates.

Business 52

Business Law Social Media Reporting 52

Traverse Legal Blog

MAY 1, 2022

Entities that typically utilize AUPs include schools/universities, corporations/businesses, internet service providers, and website owners. Included in a standard AUP are clauses specifying the purpose and scope of the policy, the user’s rights and responsibilities, acceptable uses, prohibited uses, and privacy standards. Pornography.

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Social Media Reporting Business Fair Use 97

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. For example, it defeated Google+ in part because of privacy concerns, along with network effects. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

LexBlog IP

MARCH 20, 2023

. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. What Privacy-Related Claims Does Your Company Make?

Advertising 52

Advertising Advertising Reporting Privacy 52

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them.

Business 52

Business Law Reporting Music 52

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. Snap appeared first on Technology & Marketing Law Blog. ” The defendants successfully defend on Section 230 grounds. Despite Doe v.

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False Advertising Social Media Publishing Advertising 86

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

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Social Media Ownership Marketing Marketing 79

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). The plaintiffs argue that such conduct would replicate that of Clearview.

Fair Use 136

Fair Use Privacy Copyright Technology 136

The IPKat

NOVEMBER 9, 2021

Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. The final topic covered by the first panel was upcycling; a trend that has been on the rise for some time and has now hit mainstream brands and media.

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Reporting Law Due Diligence Branding 128

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. ” Click on the image to see the animation.

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Contracts Privacy Social Media Advertising 104

LexBlog IP

APRIL 18, 2022

The complaint alleges that defendants marketed their products with a Made in the USA label and also featured images of their products with the label on the company’s website and on social media. And that goes double if the product you are marketing incorporates any component parts that are not MUSA.

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Social Media Marketing Marketing Settlement 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

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Privacy Marketing Marketing Social Media 98

LexBlog IP

APRIL 11, 2023

These tools can be incredibly beneficial to businesses, but they also carry risks. In late March, OpenAI released an API (application programming interface) to select businesses to allow them to incorporate the AI technology into their own websites and apps via plugins. What Is ChatGPT? How Are Brands Using ChatGPT?

Social Media 52

Social Media Branding Brands Branding 52

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.

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Social Media Law Blogging Publishing 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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Branding Brands 62

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.” The point of using Plaintiff’s image for advertising is to try to enhance Defendant’s business revenues by increasing the odds of sales. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

LexBlog IP

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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

SpicyIP

JULY 5, 2021

granted an ad interim injunction in favour of the plaintiff, which is the owner and registered proprietor of the trademark TATA and is engaged in the business of e-commerce through its platform tatacliq.com., Some of these could survive the death of the celebrity, however, the right to privacy was not among them. June 30, 2021].

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Intellectual Property Trademark Licensing Copyright 105

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

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. CCDH appeared first on Technology & Marketing Law Blog.

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

MARCH 30, 2023

important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-642668735cba64729{position: important;}} INVENTION OVERVIEW: Have you ever been to a busy restaurant, retail store, or other location and faced the disappointment of finding out that your favorite beverage or snack is sold out?

Patent 52

Patent Patent Application Editing Business 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Second, even if businesses treated all consumers (i.e., Bye bye casual browsing.

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Privacy Designs Design Business 137

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

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. You need to know about the reasonably foreseeable risks and impact of your AI product before putting it on the market. It has issued AI-related guidance in the past.

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Social Media Advertising Advertising Technology 231