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.

Social Media 86

Social Media Privacy Designs Design 86

Michael Geist

FEBRUARY 23, 2022

Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all audio-visual content into the law by treating all audio-visual content as a “program” subject to potential regulation. user generated content).

Social Media 96

Social Media Government Law Registration 96

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

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. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies.

Trademark 86

Trademark Social Media Advertising Advertising 86

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And when the logo is creative and unique and a nice design, it is valuable to protect the logo separately. However, there are unique circumstances where that might not be the case.

Trademark 130

Trademark Social Media Branding Brands 130

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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 80

Social Media Contracts Ownership Business 80

The TTABlog

JANUARY 13, 2023

The Board first found that the genus of goods at issue is "wallets,' but it could "by definition, encompass more-narrowly defined goods or a sub-category such as wallets with technological and/or design features." LE Holdings LLC , Cancellation No. 92076013 (January 6, 2023) [not precedential] (Opinion by Judge Cheryl S.

Social Media 92

Social Media Technology Registration Designs 92

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 78

Music Copyright Social Media Copyright Infringement 78

Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

Social Media 142

Social Media Publishing Art Copying 142

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 84

Social Media Law Contracts Designs 84

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.

Social Media 79

Social Media Ownership Marketing Marketing 79

IPilogue

AUGUST 20, 2021

In June 2021, the hashtag #BlackTikTokStrike started trending on multiple social media platforms and was viewed over 7.7 Creators would have better luck with claiming copyright protection if not for Tiktok’s app design. This definition, unfortunately, includes short TikTok dances. million times on TikTok alone.

Social Media 106

Social Media Copyright Law Designs 106

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Analysis of CA AB587).

Editing 89

Editing Social Media Blogging Advertising 89

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. Such incidents raise concerns among people who entrust their data to digital entertainment platforms.

Privacy 91

Privacy Social Media Advertising Advertising 91

Kluwer Copyright Blog

FEBRUARY 2, 2024

After publishing the disputed image on a Chinese social media platform (Xiaohongshu), Plaintiff discovered that Defendant had used the same image to illustrate an article on a different website without permission. Plaintiff then sued Defendant in the BIC.

Copyright 135

Copyright Copyright Law Social Media Registration 135

LexBlog IP

APRIL 18, 2022

In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which led at least one commissioner to dissent because that definition “exceeds our statutory grant of rulemaking authority.” ” (The definition is broad and states that labeling includes “any materials.

Social Media 52

Social Media Marketing Marketing Settlement 52

IPilogue

JULY 23, 2021

This podcast series will definitely appeal to a more niche audience. In this episode, Rebecca Dobson and Steve Waine provide interesting advice, stories, and hypotheticals involving the intersection of IP rights and social media. . “T D on’t be Tardy for this Lawsuit: Copyright & Bad Claims ” by The Bravo Docket.

Non-Fungible Tokens 106

Non-Fungible Tokens IP Law Intellectual Property 106

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

Copyright Lately

AUGUST 10, 2021

However, the judge stopped short of approving a variety of additional designs featuring the Phanatic character, and left the team’s ability to merchandise the new version of the mascot unresolved for now. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

Derivative Work 102

Derivative Work Copyright Settlement Reporting 102

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 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court was unpersuaded: “Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.” Here, Doe brings a design defect claim. Take away those messages, and the plaintiff’s negligent design claim would be nonsensical.

Designs 71

Designs Design Social Media Publishing 71

SpicyIP

NOVEMBER 29, 2021

Following this incident, news of Zara selling lungi as ‘check mini skirt’ a few years ago had resurfaced on social media. Considered a part of ethnic wear, Kurtas have different varieties depending on their design and fabric. A few months ago, Gucci was found selling a peculiar outfit named “organic linen kaftan”.

Intellectual Property 115

Intellectual Property Journalism Designs Design 115

Kluwer Copyright Blog

OCTOBER 3, 2023

To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. The defendants to be required to implement, maintain, regularly review and revise as necessary a threat management program designed to appropriately monitor the defendants’ information networks for threats.

Fair Use 136

Fair Use Privacy Copyright Technology 136

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome.

Fair Use 243

Fair Use Non-Fungible Tokens Copyright Social Media 243

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon).

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

NOVEMBER 9, 2023

Compliance with the regulatory framework will be assessed by accredited third party “ conformity assessment bodies ”, which will in turn be designated and monitored by designated Member State authorities. Next Steps The negotiations on the final text of the ultimate regulation are ongoing.

Technology 52

Technology Designs Design Social Media 52

Intepat

SEPTEMBER 15, 2023

Copyright laws are designed to safeguard the rights of creators. The case highlighted the legal ambiguity surrounding copyright ownership in novel situations, the complexity of animal rights, and the influence of photography and social media on wildlife conservation.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

43(B)log

SEPTEMBER 8, 2021

True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum. Even if this evidence were relevant, the definitions of “generic” and “descriptive” were overlapping and confusing. By the Poret Survey’s own definition, those terms are therefore generic.

Copying 83

Copying Marketing Marketing Social Media 83

IP and Legal Filings

OCTOBER 18, 2022

It encompasses all intersecting IT industries and might affect anything from social media use to surveillance, e-commerce, and technological innovation. The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

43(B)log

JULY 6, 2022

Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. If JLI timely decided to raise an arbitration agreement defense, that could also be dealt with by altering the class definition. All these claims predominated over individual issues.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

MARCH 25, 2024

The Fifth Circuit held in NetChoice that the state’s interest in “enabling users to make an informed choice regarding whether to use [social media] Platforms” was sufficient to survive review under Zauderer. Consequences supported by scientific findings, even if exaggerated or non-modal, are still, by definition, factual.”

Advertising 64

Advertising Advertising Social Media Government 64

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . See here and here. . Focus on greenwashing – CMA clarifies rules around environmental claims.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . See here and here. . Focus on greenwashing – CMA clarifies rules around environmental claims.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

AUGUST 3, 2023

That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. Keep up with the culture by considering social media. It’s market definition. The definition expanded far beyond packaging/display. Color, product design.

Registration 52

Registration False Advertising Advertising Advertising 52