Technology & Marketing Law Blog

JULY 18, 2022

More commonly, I see litigation over a social media user quoting someone else’s rap lyrics. I guess the point is that the litigants can resolve its veracity through adversarial adjudication, though I remain uncertain about the possible prejudicial effects. Implications. Case citation : U.S. July 8, 2022).

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Social Media Government Music Litigation 92

Technology & Marketing Law Blog

NOVEMBER 29, 2021

All of the submitters are repeat players from the Florida litigation. This is why I see the Texas and Florida litigation as a generational battle over the Internet’s soul–and the future of free speech. Paxton, the Challenge to Texas’ Social Media Censorship Law appeared first on Technology & Marketing Law Blog.

Social Media 112

Social Media Law Television Reporting 112

Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. It is a challenge for the institutional framework, enforcement agencies, and courts to effectively develop their missions, because, even with the current resources, some markets remain unexplored or wrongly understood. What is the approach of antitrust laws in these markets? In Colombia.

Marketing 98

Marketing Marketing Social Media Litigation 98

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. Mean appeared first on Technology & Marketing Law Blog. You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.”

Social Media 99

Social Media Designs Design Blogging 99

IP Law 360

AUGUST 17, 2023

Pinterest heads to the Ninth Circuit next week to defend a lower court ruling that allowed the company to use the Digital Millennium Copyright Act to shield itself from copyright litigation over how it markets images that users upload to the social media site.

Social Media 75

Social Media Intellectual Property Litigation IP 75

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 84

Litigation Contracts Advertising Advertising 84

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Battles over politician-operated social media accounts. StopTheSADScheme.

Law 102

Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

FEBRUARY 11, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”? Houston appeared first on Technology & Marketing Law Blog.

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Social Media Publishing Blogging Government 116

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 117

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 88

Technology & Marketing Law Blog

JANUARY 18, 2023

Twitter, over whether social media services can violate the Anti-Terrorism Act. Paxton, over the Florida and Texas social media censorship laws. ” The brief explains how Section 230 provides important procedural benefits in litigation that promote pro-speech outcomes. NetChoice v.

Social Media 72

Social Media Blogging Litigation Law 72

Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Esquared appeared first on Technology & Marketing Law Blog.

Copyright 140

Copyright Social Media Copying Blogging 140

43(B)log

OCTOBER 11, 2022

Appian disseminated the report through its sales team, social media, and other marketing. I’m proud to work for a company that is not afraid to undertake the unpleasant action of litigating against those whose actions we believe are unlawful and unethical. The BPM market is large.

Marketing 59

Marketing Marketing Business False Advertising 59

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 79

Social Media Contracts Ownership Business 79

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. Social Media Benefits Minors.

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Social Media Privacy Designs Design 85

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media.

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Fair Use Social Media Licensing Marketing 90

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

AUGUST 14, 2022

CNN argued that the Flynns’ social media activity shows they in fact are QAnon adherents. Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these social media statements in their depositions. CNN appeared first on Technology & Marketing Law Blog. The post Retweets ?

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Law Social Media Reporting Government 112

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

Technology & Marketing Law Blog

MAY 19, 2022

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. The post My SCOTUS Amicus Brief on Texas HB20’s Unconstitutional Transparency Requirements appeared first on Technology & Marketing Law Blog.

Social Media 118

Social Media Publishing Blogging Law 118

Technology & Marketing Law Blog

FEBRUARY 20, 2023

My brief explains how Section 230’s procedural benefits are critical to Section 230’s efficacy, and why turning more cases into Constitutional litigation will have numerous negative effects. How would the web and social media change? Google Oral Arguments appeared first on Technology & Marketing Law Blog.

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Social Media Advertising Advertising Publishing 91

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. However, this case’s litigation approach is problematic. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v.

False Advertising 85

False Advertising Social Media Publishing Advertising 85

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 78

Technology & Marketing Law Blog

AUGUST 29, 2022

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? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v.

Editing 88

Editing Social Media Blogging Advertising 88

Michael Geist

APRIL 14, 2023

And as for the payments from social media companies that the government insists are so essential that it has fought for years to include user content regulation in the bill? The CRTC and Social Media It is notable that much of this will not be decided by the government, but rather by the CRTC.

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Government Social Media Television Ownership 89

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Power Ventures, Inc. Facebook v.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

43(B)log

FEBRUARY 16, 2024

Accrual: There’s a five-year statute of limitations for false patent marking; Qingdao identified eight social media posts from Dec. A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.” 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

LexBlog IP

AUGUST 17, 2023

Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

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Cease and Desist Business Social Media Patent Law 40

Technology & Marketing Law Blog

JUNE 27, 2023

Morford’s work had been displayed on social media, including YouTube, Facebook, and BlogSpot. We first made some marketing material where high tech faculty and staff wore banana costumes to celebrate the copyright battles over the costumes. Cattelan appeared first on Technology & Marketing Law Blog.

Copyright 90

Copyright Artwork Copying Social Media 90

Olartemoure Blog

MARCH 16, 2021

Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Request verification of your account from social media. Many cases remain under the radar if you do not have local counsel helping you know the market.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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.

Social Media 98

Social Media Law Blogging Publishing 98

The IPKat

JUNE 21, 2022

While Conde Gallego argues in favour of “license to all”, the issue will have to be resolved by the CJEU, especially in light of the extensive SEP-related litigation in the automotive sector. 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

IP Tech Blog

JANUARY 18, 2022

Sattvica has since been litigating the right to use the name Maradona around the globe. With that wind in its sails, Sattvica undertook to remove certain images and uses of Maradona’s name and likeness that appear to have been posted in social media by Maradona’s children.

Social Media 57

Social Media IP Trademark Litigation 57

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. Speakers: August Horvath , Partner, Co-Chair, Advertising & Marketing Practice, Foley Hoag LLP. Mital Patel , Associate, Foley Hoag LLP. Jennifer Yoo, Associate, Foley Hoag LLP.

Advertising 40

Advertising Advertising False Advertising Social Media 40

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Market Reach & Presence. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116