Social Media Influencers Beware!

JD Supra Law

In Petunia Products, Inc.

Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? Recital 54 of the Copyright Directive points to news aggregators and media monitoring services as examples.


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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

UKIPO unveils report highlighting influence of social media influencers (also) on the purchase of counterfeits

The IPKat

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.

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

JD Supra Law

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?

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.

Rolling Paper Co.'s CEO Sanctioned For Social Media Posts

IP Law 360

An Illinois federal judge sanctioned the CEO of the company that makes Raw rolling papers on Tuesday for posting a video on social media relating to an intellectual property dispute against a rival while jurors were deliberating in the case

Social Media Influencers Are Influencing Counterfeit Sales

LexBlog IP

IPNews® – Social media influencers generally carve out a niche establishing thought leadership in their industries. To continue reading, click: Social Media Influencers Are Influencing Counterfeit Sales.

“Social media and the legal community”

Likelihood of Confusion

The post “Social media and the legal community” appeared first on LIKELIHOOD OF CONFUSION™. Social NetworkingHere are highlights from the October 16th seminar in Hackensack, New Jersey that some of you may have missed. Participants were Frank Burgos, head honcho of MSM power North Jersey.

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.

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

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.

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors

Technology & Marketing Law Blog

Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v.

On Fixing Social Media: Why Fear Unintended Consequences?

The Illusion of More

The post On Fixing Social Media: Why Fear Unintended Consequences? In an excellent post on the blog Librarian Shipwreck, the author reminds us to take a more expansive view of the so-called Facebook problem.

Navigating Brand Protection and Trademarks for Social Media Influencers

LexBlog IP

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Making a brand out of a social media business. Trademark protections for social media influencers.

Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

Technology & Marketing Law Blog

Paxton, the Challenge to Texas’ Social Media Censorship Law appeared first on Technology & Marketing Law Blog. Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law.

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.

Bolstering Your Social Media Controls? We’ll Drink to That.

LexBlog IP

Less common is the need for a brand to apologize for social posts about drinking. We recommend doing the following: Know all of the official brand social media channels – keep a current list. Make a toast (alcoholic or not) to buttressing your social media processes!

Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White

Technology & Marketing Law Blog

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

Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook

Technology & Marketing Law Blog

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’

Counterfeits study raises questions over social media influencers

Managing IP

A new UKIPO study prompts counsel to ponder the power of influencers in promoting counterfeits and what should be done about it

How much Creative Liberty can be taken from Social Media?

Intellectual Property Brief

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?

CISA Issues Guidance on Protecting Organizations’ Social Media Accounts

LexBlog IP

The Cybersecurity and Infrastructure Security Agency (CISA) recently issued guidance on protecting the security of organizations’ social media accounts to reduce the risk of unauthorized access to those accounts. The guidance, entitled The Capacity Enhancement Guide (CEG): Social Media Account Protection, provides tips for organizations to protect social media accounts from malicious cyber actors.

Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton

Technology & Marketing Law Blog

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.

[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.

2d Circuit – JLM v Hailey Paige Gutman – Who owns a social media account? We don’t know yet

LexBlog IP

The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms. Paige may not use the social media accounts to do so.

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

JD Supra Law

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video.

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.

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.

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

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

IP Look-Ahead for 2022: Fewer Big Patent Wins, More Efficient Monetization

IP Close Up

Data Litigation News Research Transactions Uncategorized AIA Altitude Captial Partners crypto intellectual property IP awareness IP Watchdog licensing litigation M&A meme stocks NFTs patent monetization social media The Intangible Investor trends

The Top 10 Patents of 2021: Improved Eye Contact in Video Calls, Targeted Ads Based on Conversation Samples, and Analyzing Toxicity in Social Media Content

IP Watchdog

With the close of another year upon us, IPWatchdog is returning to an annual feature with its Top 10 list of issued U.S. patents during 2021.

Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

LexBlog IP

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. the user name and image, user caption, number of likes, and branding of the social media platform).

Facebook fights back against the FTC, claiming it is not a monopoly


The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Social media may be a broad, general marketplace and thus fail to meet one of the criteria under Section 2.

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.

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

Movie-Inspired Collector ‘Tokens’ Spark Dispute Over the Right to Sell IP-Related Assets

IP Close Up

Jackson social media The Intangible InvestorQuentin Tarantino, writer and director of the 1994 classic ‘Pulp Fiction’ is engaged in a fight with the film’s owner over whether he has the right to Continue reading.

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.

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.