Social media ‘influencers’ are often lacking trademark protection

Erik K Pelton

On social media these days, much of the content and the news that I see relates to influencers. The post Social media ‘influencers’ are often lacking trademark protection appeared first on Erik M Pelton & Associates, PLLC

Copyright: Using images for social media

Sander Law

Copyright: Using images on social media. If you ever wondered if you can use that image you found through a Google search on your social media post or on your website, this post is for you. The post Copyright: Using images for social media appeared first on SANDER LAW.


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Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits

JD Supra Law

Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner.

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Use of content posted to social media has generated many posts on this blog, starting with AFP v.

Does the First Amendment Permit Government Actors to Manage Social Media Comments?–Tanner v. Ziegenhorn

Technology & Marketing Law Blog

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. This is one of the many reasons why I continue to disfavor having government actors on social media at all.

Social Media Embeds Riskier Than Ever After Latest Ruling

IP Law 360

A Manhattan federal judge stirred up the ongoing copyright debate over "embedded" social media posts last week, rejecting one long-standing defense and creating even more legal uncertainty over the practice

[Video] No Password Required: A Cyber Threat Intelligence Analyst Who Is an Expert on Social Media Trolls

JD Supra Law

The No Password Required Podcast is dedicated to introducing and celebrating the practitioners, leaders, researchers, and individuals who are shaping the cybersecurity industry.

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule 4(k)(2)

JD Supra Law

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum contact” ties to the state of California.

Influencer issues to follow: IP counsel give social media tips

Managing IP

Counsel at Anheuser-Busch and three other companies discuss the importance of monitoring influencer content and the complexity of indemnification

Influencer issues to follow: IP counsel give social media tip

Managing IP

Counsel at Anheuser-Busch and three other companies discuss the importance of monitoring influencer content and the complexity of indemnification

WEBINAR: 13 Social Media Pitfalls to Avoid for the Generalist In-House Counsel

Trademark and Copyright Law Blog

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising. Social media complaint procedures. Advertising claims, endorsements, and disclosures in the social media context.

student social media use of school colors/logo not plausibly confusing


But, “[m]ore broadly, it cannot be the case that every social media post written by a college student that happens to use the school’s colors and/or logo in the post, and identifies the school’s location as the location of the poster, creates initial interest confusion and qualifies as an actionable trademark violation.” Arizona Board of Regents v. Doe, 2021 WL 3684116, No. CV-20-01638-PHX-DWL (D.

ID checks and Ts and Cs: in-house reveal social media wish list

Managing IP

Counsel in the fashion, home appliances and pharmaceutical industries call for contractual obligations on social media sites, where counterfeiting is on the rise

Texas Enacts Social Media Censorship Law to Benefit Anti-Vaxxers & Spammers

Technology & Marketing Law Blog

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.

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

JIPEL Copyright Blog

However, with the rise of Diet Prada and their strong focus on social justice, which was reinforced and amplified by the Black Lives Matter movement this past year, there is now a very sharp distinction between “punching up” and “punching down” when it comes to copying in fashion.

Yelp for evidence

Likelihood of Confusion

Likelihood of Confusion Social MediaAnonymous online comments as proof of a LIKELIHOOD OF CONFUSION at the preliminary injunction stage? Evan Brown explains: In a trademark case between competing health clubs, the court considered a Yelp.

?Social Media Accounts Provide a New Twist in the Law Governing the Right To Use Photographs

GDB Firm Blog

A recent New York federal court decision adds a new twist to the law governing the right to use photographs that are posted on social media platforms, and gives a new possible legal defense to individuals and businesses accused of copyright infringement for using photographs that are directly sourced from those platforms

How To Spot The Scam

Art Law Journal

In today's age, artists are required to be social media savvy. Marketing social media selling artLearn how to keep your guard up and know when you're being scammed into a faulty sale. The post How To Spot The Scam appeared first on Art Business Journal.

Careful of Who Owns Photographs of You

Trademark, Copyright, and Unfair Competition Law B

And Lipa isn’t alone – in the past five years, celebrities including Khloe Kardashian, Gigi Hadid, Deshaun Watson, Jennifer Lopez, Victoria Beckham, as well as others, have been accused of copyright infringement for posting photos of themselves on social media.

Infringing Influencers? Federal Judge Says Sponsored Blogger Can Face Trademark Infringement Liability

IP Watchdog

Entertainment Law Guest Contributors IP News IPWatchdog Articles Litigation Trademark Guest Contributor intellectual property social media influencers trademark trademark infringement trademarks

Preparing your Artist Network for New Opportunities

Art Law Journal

Marketing community social media curator portfolio resume design education freelance marketDeveloping an artist network builds camaraderie within your local community and enhances the possibility of landing new opportunities.

Is Your Brand Protection Strategy Defamation-Proof?

IP Watchdog

Post after post after post, across numerous websites and social media platforms, alleging that Mr. Willison was a sociopathic criminal. Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen.

How to Network in Artist Communities

Art Law Journal

Marketing community social mediaArtist communities help you build support, collaboration and connections. These tips for networking will help you reach your highest potential and give back. The post How to Network in Artist Communities appeared first on Art Business Journal.

Understanding your Market As An Illustrator

Art Law Journal

Marketing social media portfolio marketThe first step in identifying where your work belongs to ask yourself is: What kind of work do I love? Who is my audience? The post Understanding your Market As An Illustrator appeared first on Art Business Journal.

Fair Use of Copyright Images in Your Blog

Art Law Journal

Intellectual Property Copyright infringement Fair use Licensing Social media Take Down NoticeNicole Martinez. Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits.

Facebook for Business:  Use at Your Own Risk?

The Illusion of More

Economics Social Media business facebook Featured hacking securityCOVID-19 shutdowns naturally affected some businesses more acutely than others, and many who felt the sting turned to entrepreneurism.

"Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation

KMK Blog

Once a company owns a trademark, it must police the mark for unauthorized use, or risk losing its rights. As a result, companies will send “cease and desist” letters to enforce and protect their marks. At times, however, legal rights are only one consideration. Public opinion and consumer perception are also part of the equation, as the Aloha Poke Co. (“Aloha Poke”), a Chicago based restaurant, recently learned firsthand

How To Get Commercial Photography Gigs

Art Law Journal

Jobs community social media design freelance marketGetting a gig in photography is no easy feat. Put yourself out there and know the industry with tips from photographer, Adam Kuehl. The post How To Get Commercial Photography Gigs appeared first on Art Business Journal.

Is Copyright’s “Server Test” on Life Support?

Copyright Lately

Of course, I may be wrong, so you best be getting your comments in now, either in the space below or on our socials @copyrightlately. Court Decisions Photography Social Media Technology

Financial Planning for Artists to Grow Your Business

Art Law Journal

Finances contracts social media entrepreneur design education freelance market studioArtists: Learn how to manage your art business in a financially responsible way aimed toward sustainable growth!

Nobel Prize-related Invention Disclosure Could Generate Millions in Research — as a Collectable

IP Close Up

Allison Lebron James limited edition NFTs Nobel Prize Non Fungible Tokens patents social media Technology Top Shot UC Berkeley

DMCA Safe Harbor: Why Artists Can’t Sue Instagram

Art Law Journal

Intellectual Property Art Law Copyright infringement DMCA Safe Harbor Social media Take Down NoticeNicole Martinez. DMCA safe harbor shields internet service providers from any copyright infringement liability. Here's what artists can do to protect their work.

Hashtag Black TikTok Strike: The Silence From Black Creators and Their Legal Rights


In June 2021, the hashtag #BlackTikTokStrike started trending on multiple social media platforms and was viewed over 7.7 White creators have controversially appeared in mainstream media for Black creator content many times. Photo by Claudio Schwarz (Unsplash).

SEO for Artists: A Primer for Drawing New Audiences

Art Law Journal

Marketing social mediaEvery creative professional with an online presence should employ an SEO strategy to reach a broader audience. Here, we outline SEO for artists, and offer some tactical advice for getting your work discovered online.

DMCA Safe Harbor: Why Artists Can’t Sue Instagram

Art Law Journal

Legal Copyright & Trademarks Infringements & Theft social media Copyright infringement DMCA Safe Harbor Take Down NoticeDMCA safe harbor shields internet service providers from any copyright infringement liability. Here's what artists can do to protect their work.

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback


Blogs Privacy Smartphones Social Media AI Algorithms Apple artificial intelligence big data child safety cryptography cybersecurity data databases hash machine learning machine learning algorithms Natalie Bravo privacy Surveillance TechnologyPhoto by Jimmy Jin ( Unsplash ).

Breaking Down the Instagram Photo Embedding Class Action Lawsuit

Copyright Lately

In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own websites. Legal Filings Photography Social Media Technology

Burger Case Bounces In-N-Out of Court in Meaty Appeal

IP Whiteboard

g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion.

Renaissance 2.0. Are creators the new startups?


Knowledge social media creator facebook instagram nft startup youtubeTen or twenty years ago if you were trying to create an online business the things were quite different than today.

5 Tips To Increase Your Referral Customers


Tip 4: Remember your etiquette on social media. If you or your audience sell digital products (like e-books, online courses), you’re probably already using social media to promote them. how to social media Uncategorized copyright partner partnership referral

Is Facebook Censorship Legal?

Art Law Journal

Public Policy Censorship featured Social media Terms of ServiceSteve Schlackman. Facebook censorship policy is becoming more prevalent as it attempts to clean up fake news posted to the platform. But how does that affect Facebook users' right to Free Speech?

Should User-Generated Content (UGC) be Exempt from Law and Regulation? Should Internet Platforms Bear any Responsibility for UGC they Distribute?

Hugh Stephens Blog

Should user-generated content (UGC) on social media platforms be free from any regulation and the rule of law, simply because it is user-generated? Should social media platforms be given a pass when it comes to any responsibility for the UGC that they distribute?

Misinformation, Disinformation, and Media Literacy in a Less-Centralized Social Media Universe


Knowing/understanding audience concerns and amplifying key phrases allows conservative media to drive users to search where their beliefs will be reinforced. Students are already being taught “media literacy” but more of the same won’t necessarily help, because people who believe misinformation are actually quite “media literate” in that they understand how these systems work and are good at manipulating them.