Technology & Marketing Law Blog

MARCH 29, 2022

” Defamation. The court’s opinion breezes through most of these important and complicated topics, mostly due to the plaintiff’s pro se arguments and Section 230. The court says Section 230 preempts most of those claims. ” The court says these are not provable fact statements. Case citation : Quinteros v.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

TorrentFreak

MAY 29, 2023

That rendered Yout’s defamation and business disparagement claims moot. In Yout’s response to the RIAA filed this weekend, the focus returns to the same thorny topic. Judge Stefan Underhill ultimately concluded that Yout had failed to show that it doesn’t circumvent YouTube’s technological protection measures.

Music 125

Music Copying Technology Copyright 125

SpicyIP

MARCH 30, 2023

Therefore, while intent to defame or malign the reputation of the mark is a no consideration here, what needs to be seen is that the alleged actions are misstatement, causing confusion and deception. Another interesting point to note here is that Dabur chose to pursue a trademark disparagement case instead of a defamation case.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

Michael Geist

SEPTEMBER 21, 2022

Newton , a case that examined links in the context of defamation: Hyperlinks thus share the same relationship with the content to which they refer as do references. Would Canadians agree that this link to the front page of the Globe and Mail is using the Globe’s content? Why does that “use” merit compensation?

Government 94

Government Journalism Advertising Advertising 94

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo.

Law 70

Law Copyright Law Advertising Advertising 70

Michael Geist

APRIL 6, 2022

Newton , a case that examined links in the context of defamation: Hyperlinks thus share the same relationship with the content to which they refer as do references. Facebook Ad Library, [link]. The truth is that no one should pay for the link. As the Supreme Court of Canada stated in Crookes v.

Government 98

Government Business Journalism Marketing 98

Kashishipr

AUGUST 17, 2022

Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. Also, content creators and social media influencers must avoid defaming a product or service based on falsehoods. Reviews should always be based on facts.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. In other words, a defamation plaintiff need only establish publication to satisfy its prima facie case; it’s not the plaintiff’s burden to also establish culpable dissemination.

Publishing 97

Publishing Social Media Blogging Law 97

Technology & Marketing Law Blog

JANUARY 9, 2024

Instead, Congress chose to invoke words of art drawn from common law defamation-liability distinctions between “publishers” and “speakers,” on the one hand, and, apparently, “distributors” on the other. Wait, what? The Barrett v.

Publishing 74

Publishing Designs Design Law 74

43(B)log

FEBRUARY 4, 2023

Compare to foreign defamation and privacy judgments. Silbey: surface the debate over what © is for: that privacy and defamation got excluded while IP was still being debated suggests a lack of consensus about what IP is for. Importance of genre: courts often quote “standard in the treatment of a given topic.”

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

The IPKat

JANUARY 21, 2022

Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions. Lastly, chapter 11 provides a summary of performer’s rights around the world.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. ” Most of the topics addressed in this ruling will eventually make it to the Ninth Circuit, either in this case or one of the others pending in the court system.

Blogging 103

Blogging Law Publishing Editing 103

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. in a press release, they have defamed the Respondent. Don’t forget to check them out on the blog too!

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

LexBlog IP

NOVEMBER 15, 2021

A recent decision on this very topic, however, reveals a different perspective on embedding practices and the “server test.” ” Reuters reports that a San Francisco federal court rejected a group of photographers’ claim s that Instagram’s embedding tool infringed on their copyrights.

Social Media 52

Social Media Copyright Infringement Copyright Copying 52

Technology & Marketing Law Blog

DECEMBER 26, 2023

Thus, CrossDefendant Hammerstone and Cross-Defendant Dean are protected by Section 230 and the defamation claim against them fails.” Related topics * Patel v. ” * Powers v. Airbnb, Inc., 2023 WL 7166246 (D. Hawaii Oct. See Complaint at ¶¶ 7, 10, 11; see also id. Alphabet Inc., 2023 WL 4056327 (Ind. June 19, 2023).

Publishing 85

Publishing Law Marketing Marketing 85

Technology & Marketing Law Blog

FEBRUARY 20, 2022

For a deeper dive on these topics, I encourage you to check out the article’s bibliography of FOSTA-relevant empirical studies. This article is a reminder of how little we know about FOSTA and its real-world effects. . * New Essay: The Complicated Story of FOSTA and Section 230. * Who Benefited from FOSTA?

Blogging 104

Blogging Technology Editing Law 104

Technology & Marketing Law Blog

JANUARY 13, 2022

I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. . § 1591 claim that survives CDA immunity… the asserted claims against Omegle are premised upon general, constructive knowledge of past sex trafficking incidents.” ” Cite to Doe v.

Blogging 88

Blogging Publishing Reporting Editing 88

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. which held that a trade secret claim that allegedly caused reputational damage to the plaintiff triggered defamation coverage for what were otherwise traditional trade secret claims. Valley Forge Ins.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Despite this post’s length, the only thing you will know with confidence after reading this post is that FOSTA is not a good solution to any problem. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

NOVEMBER 8, 2021

Lando (Supreme Court 1979): the plaintiff was allowed to depose the editor about his editorial processes in defamation lawsuits where “actual malice” was at issue, but the Supreme Court rejected other information-gathering to satisfy curiosity or for a general purpose like the “public interest.”

Government 117

Government Publishing Privacy Reporting 117

Technology & Marketing Law Blog

JULY 28, 2022

. “Alternatively, the Trustees could have established and enforced clear rules of etiquette for public comments on their pages, including rules against lengthy, repetitive, or off-topic comments.” City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. Voller was hugely chilling on politicians).

Social Media 87

Social Media Government Technology Law 87

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Instead, it requires these clinics to disclose information about state-sponsored services—including abortion, anything but an ‘uncontroversial’ topic.”

Social Media 136

Social Media Publishing Law Blogging 136

Kluwer Copyright Blog

OCTOBER 22, 2021

On the 16 th of October 2020, one year ago, a middle-school teacher, Samuel Paty, was beheaded by a terrorist who would not know of his existence if not for a number of videos posted on social media, against which Mr. Paty had filed for defamation with the local police. In the field of defamation, the CJEU established in Glawischnig that Art.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136