Technology & Marketing Law Blog

OCTOBER 20, 2021

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ Are Social Media Services “State Actors” or “Common Carriers”? ” Cites to Lewis v.

Social Media 96

Social Media Publishing Blogging Law 96

LexBlog IP

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. This definition amended in the Act is now known as the “Transmit Clause.”

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

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." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." And so, all three refusals were affirmed.

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Marketing Marketing Social Media Advertising 70

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

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Social Media Reporting Intellectual Property Publishing 62

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

Social Media 135

Social Media Editing Government Law 135

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

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Social Media Law Government Blogging 103

Technology & Marketing Law Blog

AUGUST 27, 2023

Tim Pool, the Babylon Bee, and National Religious Broadcasters, which are (respectively): “a social networking app, an active social media content creator, a satirical news website, and a nonpartisan association of Christian communicators.” Bonta appeared first on Technology & Marketing Law Blog.

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Social Media Law Reporting Blogging 88

JD Supra Law

JULY 21, 2023

Although you may have never heard of Shein, your children definitely have. Its business model revolves around collecting vast amounts of customer data and leveraging artificial intelligence (“AI”) to reverse-engineer fashion trends, which are then marketed via social media. By: Clark Hill PLC

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Social Media Branding Brands Branding 52

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.”

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Social Media Privacy Law Government 143

Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Social Media Government Publishing Blogging 118

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 124

Intellectual Property Social Media Reporting IP 124

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.

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Trademark Social Media Advertising Advertising 86

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.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

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Social Media Government Blogging Publishing 100

TorrentFreak

MARCH 21, 2024

Good practices should be identified, and recommended to all actors, including e-commerce marketplaces, transport and logistic service providers, payment services providers, social media providers, providers of domain name services, etc. Secondly, further cooperation and information sharing should be encouraged.

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Social Media IP Registration Law 96

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

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Social Media Advertising Advertising Music 62

Technology & Marketing Law Blog

JULY 8, 2022

If the plaintiff seeks to hold the defendant liable for third-party content–definitely true in this case–the Lemmon ruling make it clear that a “negligent design” framing is still subject to Section 230, no matter how creatively or emphatically the plaintiff points to the service’s first-party design choices.

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Social Media Designs Design Privacy 103

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. about your goods, products or services”).

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. 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.

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Social Media Contracts Ownership Business 80

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

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 86

Above the Fold

JULY 3, 2023

According to the FTC’s announcement, the revisions include: 1) articulating a new principle regarding procuring, suppressing, boosting, organizing, publishing, upvoting, downvoting, or editing consumer reviews so as to distort what consumers think of a product; 2) addressing incentivized reviews, reviews by employees, and fake negative reviews of a (..)

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Social Media Advertising Advertising Editing 52

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

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. E: What advice would you give to fellow artists and makers on social media on sharing their work? E: What would you like to see happen in terms of the culture of social media artists and their followers?

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Social Media IP Business Branding 106

Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Everyone knows “social media censorship” laws will require the Supreme Court’s review. Paxton appeared first on Technology & Marketing Law Blog.

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Social Media Blogging Law Technology 123

Michael Geist

MAY 18, 2023

To pick just one of many examples, the Commission is consulting on the meaning of “social media service”: Q5. How should the Commission define “social media service”? What, if any, criteria should be used to assess whether an online undertaking is providing a social media service?

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Social Media Ownership Government Television 135

The TTABlog

JUNE 8, 2021

The court observed that there was no dispute that the product was "hugely successful, due in no small part to Plaintiffs’ extensive marketing efforts and the PRETZEL CRISPS trademark registration they received and have enforced to clear the field of similarly named products. The court did not rest its decision on that finding alone.

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Registration Social Media Blogging Marketing 97

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!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws?

Editing 89

Editing Social Media Blogging Advertising 89

Traverse Legal Blog

MAY 1, 2022

Definition section : Defines key words used in the AUP. For example, creative teams and marketing teams may need greater access to certain social media websites to look for trends. Some websites that companies tend to restrict are : Social media. Social media is only allowed for business purposes.

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Social Media Reporting Business Fair Use 97

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

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 91

Blogging Social Media Television Fair Use 91

The IPKat

JUNE 21, 2022

In the definition of John H. Online music platforms, such as on-demand content services or social media platforms, created disparities in the remuneration of right-holders, creating the so-called “value gap”. Yet, argues Mazziotti, some issues remain unresolved, such as the market power of online gatekeepers.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

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

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?

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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

43(B)log

SEPTEMBER 1, 2021

The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” Did Mandabach have valid marks?

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Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Instagram appeared first on Technology & Marketing Law Blog. Related posts. Breitbart News. United Sports.

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Copyright Copyright Infringement Social Media Licensing 116