Technology & Marketing Law Blog

DECEMBER 1, 2022

The court concludes: Whether it is wise for members of the United States Congress to block critical constituents from their social-media accounts is not for a court to say. Also, the court rulings on politician-operated social media accounts are quite messy.

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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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Social Media Law Publishing Government 144

Kashishipr

MARCH 23, 2022

A trademark refers to a legally registered word or symbol representing a specific product or service of a company. The term cybersquatting is derived from the term ‘squatting,’ which refers to the act of occupying an unoccupied section or space not belonging to the squatter.

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Social Media Trademark Registering Trademarks Branding 98

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics.

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Social Media Intellectual Property Registration Branding 52

The IPKat

DECEMBER 27, 2021

Last week, the UK Intellectual Property Office (UKIPO) released an intriguing report measuring and analyzing (apparently for the first time) the influence that social media influencers exert on consumers also when it comes to purchasing counterfeits.

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Social Media Reporting Advertising Advertising 117

Technology & Marketing Law Blog

JANUARY 28, 2022

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 ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 90

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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Social Media Government Technology Law 89

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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Social Media Law Publishing Reporting 121

Art Law Journal

MAY 4, 2022

Social media has the power and reach to create community, provide a kick of inspiration, and help artists visualize their work from a macro perspective. Perhaps most significantly, mastering the art of social media can help your relationships with your followers and turn them into your tribe. Your time is limited.

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Social Media Art Marketing Marketing 52

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.” “this brief includes some truly distasteful, vile material (including some references to actual social media posts that were taken down)—because that is what the law ultimately enables.”

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Social Media Law Publishing Blogging 132

Technology & Marketing Law Blog

OCTOBER 22, 2021

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., Notice how the court omitted any reference to the fire emoji. ). The post Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v.

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Social Media Blogging Marketing Marketing 108

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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Social Media Law Blogging Publishing 99

Intellectual Property Brief

NOVEMBER 1, 2021

Social media has become a boon for artists because of the relatively easy access to references and ideas to become inspired by. However, the question remains how much creative inspiration can be taken from social media until it crosses the line into copyright infringement?

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Social Media Copyright Infringement Copyright Blogging 52

LexBlog IP

JUNE 13, 2023

Taamneh , the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State of Iraq and Syria (ISIS) in its terrorist acts that victims claimed resulted from promoting terrorist content on social media platforms absent proof of “knowing and substantial assistance.”

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Social Media Law Intellectual Property 40

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.

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Copying False Advertising Social Media Advertising 94

JD Supra Law

FEBRUARY 12, 2024

Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend. The jury decided that Kat Von D’s inked rendering of the jazz artist was not substantially similar to Sedlik’s portrait, and Sedlik’s portrait in social media posts was covered. By: Perkins Coie

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Copyright Infringement Social Media Copyright 116

IP and Legal Filings

APRIL 10, 2024

INTRODUCTION The entertainment and media sector is experiencing a continuous and increasing influence on social media with each passing day. However, between now and then social media influence also has some problems. One of the biggest obstacles is defamation.

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Social Media Journalism Television Law 80

43(B)log

SEPTEMBER 14, 2021

Interestingly, Instagram allegedly refused a TM takedown request because “the reported party appears to be using your trademark to refer to or comment on your goods and services,” despite persistence by ASU’s outside counsel. I am embarrassed to be associated with thus [sic] ignorant behavior.”

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Social Media False Advertising Advertising Advertising 53

Copyright Lately

JANUARY 23, 2024

Photographer Jeff Sedlik will ask a federal jury to find that celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D) infringed the copyright in his iconic portrait of Miles Davis by reproducing the photo in a tattoo and then displaying images of her handiwork on social media. The Good, the Bad and the.

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Social Media Fair Use Copyright Infringement Copying 139

IP Tech Blog

FEBRUARY 28, 2024

In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products have sparked discussion in the press.

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Social Media Advertising Advertising Branding 57

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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TorrentFreak

MARCH 29, 2023

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

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Social Media Advertising Advertising Copyright 130

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

LexBlog IP

FEBRUARY 28, 2024

In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products have sparked discussion in the press.

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Social Media Advertising Advertising Branding 52

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

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Fair Use Social Media Licensing Marketing 87

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. As with Twitter, Instagram, TikTok, Facebook and other social media platforms, businesses must be wary of bad actors targeting their brands and consumers with fake products and scams. Educate consumers on… 1.

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Social Media Branding Brands Branding 52

JD Supra Law

JULY 28, 2023

No, we are not referring to the potential “cage match” but to the allegation that Threads (a social media app from Meta) was developed using confidential information and trade secrets known by former Twitter employees and retained in their memory.

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Social Media Confidentiality 52

IPilogue

OCTOBER 26, 2022

The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee. The prevalent use of Uffizi’s artworks despite Italian law led to Uffizi using software to police whether artworks are used to sell products, especially on social media.

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Social Media Cease and Desist Public Domain Artwork 120

TorrentFreak

APRIL 8, 2024

Taamneh’ Supreme Court ruling, which held that social media platforms aren’t liable for terrorists who use their network. While that’s not a copyright case, it’s relevant for the secondary liability question, the ISP argues.

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Social Media Copyright Infringement Copyright Copying 110

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny. 31, 2023) Arkansas’ law says minors need parental consent before creating social media accounts. A simple goal to state, but virtually impossible to implement constitutionally.

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Social Media Privacy Law Government 125

Kashishipr

MAY 4, 2022

Referring to your trademark as a verb or noun enhances its likelihood of becoming generic and eventually losing its trademark protection someday. To safeguard your trademarks adequately, you should track new trademark filings, online use, social media usage of marks, and domain names, which shall alert you to potential conflicts.

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Social Media Trademark Cease and Desist Registering Trademarks 105

IP Law 360

FEBRUARY 18, 2022

The company that makes Raw rolling papers has urged an Illinois federal court not to fine its CEO for posting a video on social media relating to its intellectual property dispute with a rival amid a trial in the case, while the same rival asked the court to refer the matter for criminal contempt proceedings.

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Social Media Intellectual Property IP 75

Erik K Pelton

NOVEMBER 5, 2021

The guide also makes it easier to also ensure that any contractors or partners or others who might be working with your brand, whether it’s managing your social media or building your website or recording your videos or podcasts or whatever it is, know all about your brand and how to use it properly.

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Technology & Marketing Law Blog

DECEMBER 12, 2022

It’s a simple question: can a government official block a constituent on social media? The court says yes: not every social media account operated by a public official is a government account. Reed created the Account in 2009 with the handle @PresReed, a reference to the elected office he held. Conclusion.

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Social Media Government Law Blogging 96

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

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Government Social Media Law Music 104

Trademark and Copyright Law Blog

FEBRUARY 9, 2024

Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item. Swift’s puffer jacket (as with all things Taylor Swift) received national attention on social media and news outlets. As we approach the Super Bowl, the world of “upcycling” also takes the stage.

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Social Media Licensing Branding Brands 64

JD Supra Law

FEBRUARY 16, 2023

And to what does it refer: a hashtag for a social media topic, or a number that can be dialed from a mobile phone to reach an attorney referral service? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark.

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