Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Advertising/E-Commerce. Ariix, LLC v.

Advertising 108

Advertising Advertising Contracts Social Media 108

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

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. It has been a crazy year for Internet Law! I’ve now framed it as a note about California’s consumer privacy laws. I did not add coverage of the Florida social media censorship law or NetChoice v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

AUGUST 31, 2023

” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.”

Contracts 107

Contracts Social Media Blogging Publishing 107

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 114

Social Media Contracts Advertising Advertising 114

IPilogue

NOVEMBER 18, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. The social media companies have no cognizable property right to assert in this content/data.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

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.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. This is an employer/ex-employee dispute over a Facebook page.

Social Media 80

Social Media Contracts Ownership Business 80

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

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. ” The letter suggests that X Corp.

Social Media 52

Social Media Reporting Contracts False Advertising 52

TorrentFreak

MARCH 21, 2024

anywhere where they’re reliant on services operated by businesses that already comply with the law and are more likely to take action. One key to success for rightsholders is to exploit pirates where they’re most vulnerable, i.e Secondly, further cooperation and information sharing should be encouraged.

Social Media 95

Social Media IP Registration Law 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.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. ” “Labeling censorship societally beneficial does not render it lawful.

Law 102

Law Social Media Government Contracts 102

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

FEBRUARY 27, 2022

With that, it’s fair to say that many of the key questions in this area of law are still undecided. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Power Ventures, Inc.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits appeared first on Technology & Marketing Law Blog.

Contracts 61

Contracts Social Media Business Blogging 61

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media 80

Social Media Blogging Publishing Marketing 80

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. I previously blogged the TRO.

Social Media 81

Social Media Law Contracts Publishing 81

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. The law requires certain websites and services to obtain verifiable parental consent before children are allowed to register or create an account. NetChoice sought a late TRO to block the law. Code § 1349.09.

Social Media 84

Social Media Law Contracts Designs 84

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. social media data), databases and trade secrets (e.g. EU Digital Market Act and competition laws that force access to certain data, see below). a dataset combining technical, machine-generated and mixed data).

Licensing 103

Licensing Social Media Contracts Privacy 103

The IPKat

JULY 18, 2021

Evidence : Evidence from across the music industry railed against safe harbour provisions that were transposed into UK law from the E-Commerce Directive, and argued that Article 17 of the DSM Directive could be a potential solution to the competitive advantage when licensing music relative to other competitors that do not host UGC.

Music 139

Music Contracts Reporting Government 139

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. 2022 Edition of Internet Law: Cases and Materials. Analysis of CA AB587).

Editing 89

Editing Social Media Blogging Advertising 89

IPilogue

AUGUST 19, 2021

Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Photo by Ryunosuke Kikuno (Unsplash).

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

DECEMBER 7, 2022

The appellate court summarizes its conclusion: However denominated, Prager’s state law causes of action target providers of an interactive computer service in their capacity as publishers restricting access to Prager’s information content—i.e., Prager tried a variety of contract-based workarounds to Section 230.

Contracts 136

Contracts Publishing Law Government 136

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Traverse Legal Blog

APRIL 6, 2022

Since the game title and NFTs were based on the use of F1, the game, the NFTs, the website, and the social media channels using ‘F1’ all had to be shut down. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

Technology & Marketing Law Blog

AUGUST 9, 2023

However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. LinkedIn appeared first on Technology & Marketing Law Blog. I imagine some of you are wondering if any LinkedIn account is worth suing over.

Contracts 77

Contracts Social Media Blogging Marketing 77

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

43(B)log

FEBRUARY 3, 2024

Although these are presumptions about how consumers will think, so we’re not just expecting, we’re hypothesizing and holding as a matter of law.] Betsy Rosenblatt: Social justice implications. And can law make them do it? Consumer contract part: consumers don’t read most consumer contracts, which are contracts of adhesion.

False Advertising 49

False Advertising Contracts Branding Brands 49

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. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 60

Contracts Social Media Publishing Blogging 60

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Anupam Chander, Section 230 and the International Law of Facebook : Section 230, I argue, made the U.S. But under Illinois law, a private company’s internal policies do not, standing alone, create legal duties.”

Social Media 114

Social Media Publishing Marketing Marketing 114

The IP Law Blog

AUGUST 12, 2021

What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers. Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Therein lies the risk.

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

IPilogue

MARCH 1, 2022

Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . On the one hand, social media has enabled global sharing of news and creative media. T: “I was very fortunate in having a father-in-law who knows a lot of lawyers. It definitely got my accounts where they are today.

Social Media 106

Social Media IP Business Branding 106

Technology & Marketing Law Blog

AUGUST 21, 2023

The initial cohort of plaintiffs were conservatives (Prager); but then as a purported “gotcha,” the law firm added LGBTQ (Divino) and people of color (Newman) plaintiff cohorts. I also question if the law can restrict publishers’ ability to discriminate in their editorial decisions.

Contracts 85

Contracts Social Media Blogging Law 85