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My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Socialmedia “defective design” lawsuits go forward.
Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks. Case Study: Satyam Infoway Ltd.
Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].
Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on socialmedia. Anyway, the complaint alleged that widespread use of the passage on socialmedia could reduce “the incentive to purchase Winning Isn’t Normal or related merchandise.” NXIVM Corp.
In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on socialmedia platform “X”. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.
Courts consider several factors when deciding whether secondary meaning has been established: “(1) the amount and manner of advertising; (2) the sales volume; (3) the length and manner of use; (4) consumer testimony; and (5) consumer surveys.” Showing your sales and advertising. ” Id. ” Id. Sullivan v.
In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.
Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and socialmedia pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. Batesville was founded in 1884 as the Batesville Coffin Company.
for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including socialmedia, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”
” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games. affirmed the district court’s grant of summary judgment for the advertisers. Dawn of the Dead. McDonald’s Corp. Happy Halloween!
03-1770, 2004 WL 602711 (4th Cir. 24, 2004); Kathleen R. Paxton ruling , saying “in NetChoice II the [Texas] legislature explicitly defined socialmedia platforms as common carriers, whereas the California legislature has not.” 02-1964, 2002 WL 31844907, at *4–5 (E.D. 17, 2002); Noah v. AOL Time Warner, Inc.,
On the heels of the mandatory editorial transparency provisions in Florida and Texas’ socialmedia censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ socialmedia censorship law.
But MAGA got one thing right: some socialmedia owners would find the temptation to embrace partisanship irresistible. MAGA has also complained that the government improperly pressured socialmedia to make content moderation decisions (the so-called “censorship-industrial complex”). FOLLOW ME THERE!
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