Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court discusses two social media accounts: Instagram.com/misshayleypaige and pinterest.com/misshayleypaige/_saved/. The court also found “Ms.

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TorrentFreak

NOVEMBER 21, 2023

Social Media Sales Attract Attention According to information released by Spain’s National Police on Monday, a broadcaster’s representative filed a complaint after spotting a profile on social media platforms offering pirate IPTV subscriptions. Many additional transactions were found by other means.

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Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

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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).

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Technology & Marketing Law Blog

JUNE 19, 2023

” That is certainly true–for example, the justices cannot publicly engage in ordinary social media interactions–yet the justices are getting a crash course on the Internet whether they want it or not. Moody) social media censorship cases as well, though the arguments will roll to next term.

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Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

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Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. Texas’s blithe acceptance of whole subjects of speech disappearing from social media suggests it has little true interest in preserving “an uninhibited marketplace of ideas.” “H.B.

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Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

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LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. The app is designed for text-based conversations instead of photo updates. Although social media activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users. Threads is still nascent.

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Technology & Marketing Law Blog

OCTOBER 5, 2021

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. but the State Police cannot “block Tanner from participating in its designated public forum based on his profane private messages.” The Manually Deleted Comment.

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Technology & Marketing Law Blog

JULY 28, 2022

.” Two parents in the district, Christopher and Kimberly Garnier, posted criticisms of the trustees and the board to those social media pages. “The Garniers’ social media comments did not use profanity or threaten physical harm, and almost all of their comments related to PUSD. ” Mootness. State Action.

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Technology & Marketing Law Blog

DECEMBER 30, 2021

And there is no comparison to legislative designation of telephone companies as common carriers, for telephone companies do not exercise editorial discretion over the communications they carry, and no legislature ever complained that telephone companies were forwarding a leftist agenda by blocking conservative calls. .”

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Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Facebook , Herrick v.

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Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

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Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. In this article, we share best practices for social media influencers to protect their brand, reputation, and business through trademark registration and prudent use.

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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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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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Technology & Marketing Law Blog

NOVEMBER 29, 2021

For example, from the intro: “Texas has designated the Platforms common carriers; they no longer have a right to discriminate against different views in their role as public conduits.” Declaration from LGBT Technology Institute. Declaration from Technology Network. ” That’s a word salad to me.

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LexBlog IP

NOVEMBER 15, 2021

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright infringement.but is it?

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Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. As usual, the filing of the complaint got significant news coverage, but those same media outlets are apparently uninterested in the denouement.

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The IPKat

OCTOBER 4, 2022

The study represents the second phase of a project already started in 2019, which led to the publication of its first phase named " Automated Content Recognition: Existing technologies and their impact on IP " in November 2020.

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The IPKat

MARCH 29, 2024

This report follows a report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”, commented by The IPKat here , and a pilot report focused on same matter from the perspective of female consumers, commented on The IPKat here. The report recalls two clarifying examples.

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Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Case Citation : Jones v.

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Technology & Marketing Law Blog

JANUARY 13, 2024

. * Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

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LexBlog IP

MARCH 8, 2024

DPIA Report Requirement: The State argued that these extensive and time-consuming reports will require businesses to assess “how their products use children’s data and whether their data management practices or product designs pose risks to children.” The reason? The court found it likely violates the First Amendment.

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Michael Geist

MAY 16, 2024

For those new to the bill, the government has called it “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.

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IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. In particular, if a product goes viral on any social media platform, it is very likely that counterfeiters will target it. For more information, contact Rebecca Dücker , Jens Petry or Paolo Beconcini.

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Branding Brands Branding Social Media 101

Corsearch

MAY 10, 2024

Corsearch Zeal leverages the latest cloud technologies to unlock the full potential of the largest dataset in the industry. Corsearch Zeal is now available for all Talisman customers utilising marketplaces and social media. If you are attending either event, please do come to our stand and we will show you the platform.

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Technology & Marketing Law Blog

JANUARY 18, 2024

The term “link taxes” refer to the government compulsion of large Internet services, such as social media or search engines, to pay news media for indexing and publishing their headlines and links. 4) Social media “defective design” lawsuits go forward. #StopTheSADScheme. TikTok bans.

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Plagiarism Today

FEBRUARY 8, 2022

One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic. ” However, those on social media, in particular Croatians, were not so quick to dismiss the issue.

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Plagiarism Today

MAY 2, 2022

Much of the language was written well before widespread adoption of social media, and much of that language was vague even then. In March, two senators debuted the Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The Complicated Backdrop.

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Technology & Marketing Law Blog

AUGUST 9, 2022

Yesterday, I covered AB 2273, the Age-Appropriate Design Code. Both Florida and Texas included editorial transparency mandates in their social media censorship laws, and I’m baffled that the California legislature thinks those #MAGA laws are good sources of inspiration??? A quick summary of the bill’s lowlights: * * *.

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Technology & Marketing Law Blog

JANUARY 19, 2024

” (Would the Florida or Texas social media censorship laws create that entitlement?) In fact, both/all sides of the Hamas/Gaza situation routinely claim that social media services don’t adequately promote their side of the story and gives too much priority to the other side’s story.

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Technology & Marketing Law Blog

FEBRUARY 12, 2022

Specifically, control is not determined based on private or public ownership, but instead on the government’s exercise of control over the relevant aspects of the social media platform. In other words, the First Amendment functionally makes government-sanctioned social media engagement impossible. De Young opinion.

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Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. In this blog, we discuss the threats posed on Instagram Threads and the processes and advanced technology you can utilize to combat them. They are used by criminals to prey on unsuspecting social media users.

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