Technology & Marketing Law Blog

AUGUST 14, 2022

The case involves: a report aired by CNN on February 3, 2021, which was entitled “CNN Goes Inside a Gathering of QAnon Followers.” The report included a brief clip of the Flynns standing next to Lieutenant General Michael Flynn as he proclaimed, “where we go one, we go all.” Few group adherents believe everything the group says.

Law 112

Law Social Media Reporting Government 112

IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies. ” Counterfeiters use online marketplaces, social media platforms, and websites to sell counterfeit goods bearing trademarks without authorization.

Trademark 84

Trademark Social Media Advertising Advertising 84

Likelihood of Confusion

MARCH 19, 2024

Last February we reported on a decision in which a federal magistrate judge ruled, unsurprisingly, that there is no “social networking privilege.” That’s summary judgment, or worse, against you or your client.

Reporting 52

Reporting Litigation Social Media 52

IPilogue

AUGUST 19, 2021

The New York Times reported that a spokesperson for Facebook, Instagram’s parent company, confirmed that it removed Thompson-Hera’s video but claims her access to the app was mistakenly suspended. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

43(B)log

SEPTEMBER 15, 2021

There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex. There was ongoing litigation in Florida in which that entity, IMED, was suing the inventor and two of the instant plaintiffs over the alleged breach.

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. Adam Candeub “expert” witness report. Motion to strike this report. ” This order shocked the world for several reasons. .” RCFP et al.

Social Media 119

Social Media Publishing Blogging Law 119

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. Social Media Complaints and Takedown Policies. If that outreach is unsuccessful, there are internal reporting and takedown mechanisms available on almost all of the different social media platforms. Litigation.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

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. Authorities are always curious about your products. Create local accounts in Colombia to connect with local consumers.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

TorrentFreak

MARCH 4, 2024

“This damages award is a fraction of what it could be if this case were litigated and the full scope of Defendants’ infringement revealed,” the publishers note. LibGen launched around 2008 as a digital version of the same concept. The request isn’t limited to IPFS gateways, of course. based registrars or registries.

Publishing 98

Publishing Social Media Copyright Infringement Copyright 98

SpicyIP

AUGUST 22, 2021

Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

Technology & Marketing Law Blog

FEBRUARY 20, 2023

. * * * To try to inject some credible information into the misinformation miasma, I’m participating in several post-oral argument events: 1) Very shortly after oral arguments are over, I will participate in a press conference to share some media-friendly quotes about the oral argument with reporters covering the case on deadline.

Social Media 91

Social Media Advertising Advertising Publishing 91

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

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

MAY 23, 2022

“HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.” Second, the risk of litigation posed by HB20 will discourage some platforms from engaging in any content moderation, even under ostensibly viewpoint-neutral policies. ” CDT et al.

Social Media 130

Social Media Law Publishing Blogging 130

Trading Secrets

JANUARY 24, 2024

This marks the continuation of its recent activity to enforce SEC Rule 21F-17(a), a regulation that prohibits companies from taking any action to impede or discourage whistleblowers from reporting suspected securities violations to the SEC. with respect to such communications.”

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

LexBlog IP

APRIL 11, 2023

cities to address increasing Hyundai and Kia thefts that use a method popularized on TikTok and other social media channels. The TikTok trend has led to car thefts that have resulted in at least 14 reported crashes and eight fatalities in the Korean automakers’ vehicles. Immobilizers were standard on 96% of U.S

Social Media 40

Social Media Reporting Technology Law 40

IP Tech Blog

JULY 18, 2023

And it couldn’t have come at a better time—according to a recent report from Goldman Sachs, AI is putting 44% of legal jobs at risk. At least one judge has defined the boundaries for litigants appearing in his court. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz.

Business 52

Business Law Social Media Reporting 52

Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. The parties dutifully went back to the lower court, and following expert witness reports and depositions, Disney brought a motion for summary judgment. Walt Disney Company.

Copyright 114

Copyright Fair Use Social Media Copying 114

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 97

Social Media Law Blogging Publishing 97

Indiana Intellectual Property Law

AUGUST 16, 2021

Due to the nature of Moe’s position, she was allegedly granted access to VAF’s social media accounts including its Facebook page during her employment. Apparently, Moe’s access to VAF’s social media accounts ended when her employment was terminated on October 4, 2018.

Social Media 40

Social Media Intellectual Property Reporting Marketing 40

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” And their expert report was not good.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Michael Geist

MAY 25, 2022

Given that Bill C-11 is short on details, the early conclusion is that leaving implementation to the CRTC combined with a still-secret policy direction is a virtual guarantee for years of hearings, litigation, and Internet regulation framed as “broadcast regulation.” First, regulation of user content. While the Section 4.1

Social Media 138

Social Media Government Television Music 138

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Defendant BPM.com reported on the BPM industry. Previous discussion.)

Marketing 59

Marketing Marketing Business False Advertising 59

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. The New York Times reported on the filing of House’s lawsuit against Mark Twain on January 27, 1890. Edward Howard House (1836-1901).

Art 95

Art Contracts Social Media Litigation 95

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks.

Fair Use 122

Fair Use Copyright Litigation Music 122

LexBlog IP

MARCH 27, 2023

The appellate panel explained that (a) bad faith cannot be met in the absence of a showing that the claims asserted were objectively baseless and (b) an infringement allegation is objectively baseless only if no reasonable litigant could realistically expect success on the merits.

Patent 52

Patent Social Media Patent Infringement Litigation 52

Corsearch

FEBRUARY 3, 2023

Google de-indexing also only removes the URL from search results – the website’s content remains accessible via social media, direct URLs, and other search engines. Simon Baggs , President, Brand & Content Protection at Corsearch: “There are many things you can do pre- litigation. We’ve given them all the information.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The vast majority of people who post to social media want their posts to be embedded and made available to others.

Blogging 95

Blogging Copying Social Media Copyright 95

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Ancestry , Knapke v.

Advertising 90

Advertising Advertising Social Media Blogging 90

43(B)log

APRIL 26, 2023

Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

LexBlog IP

JULY 18, 2023

And it couldn’t have come at a better time—according to a recent report from Goldman Sachs, AI is putting 44% of legal jobs at risk. At least one judge has defined the boundaries for litigants appearing in his court. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz.

Business 52

Business Law Reporting Music 52

TorrentFreak

DECEMBER 26, 2022

“We continue to expand our impact through voluntary agreements with domain registries and registrars, fast-track procedures with social media companies, ad companies, payment processors, online marketplaces, etc., This also means that, in addition to the many reported successes, major setbacks may exist as well.

Cease and Desist 132

Cease and Desist Government Confidentiality Settlement 132

43(B)log

MARCH 18, 2022

M]aking statements using print media, the Internet, and social media that Qatar is a safe haven for terrorists and extremists, commits human rights abuses, and should be boycotted” were all political opinions on issues of public interest. The court first found the California anti-SLAPP statute applicable to the state claims. “[M]aking

Law 59

Law False Advertising Social Media Branding 59

SpicyIP

AUGUST 15, 2021

They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early? John Doe & Anr.

Licensing 83

Licensing Government Reporting Patent Law 83

Copyright Lately

SEPTEMBER 12, 2022

Likewise, news outlets that licensed the photo from Vila should be within their rights to use the picture to report on Shayk’s comings and goings and to comment on her fashion choices without violating Deadly Doll’s copyright in the drawing that happened to be printed on the sweat pants she wore that day. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Technology & Marketing Law Blog

APRIL 3, 2023

This rule benefits artists, authors, students, non-profit organizations, small businesses, and others with limited financial resources who cannot afford to litigate through discovery and trial to a successful result. The expense of litigation may chill speech.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102