Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. That gave rise to a CFAA claim in 2016, and I can’t square that opinion with this one.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Intepat

JULY 11, 2024

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads. In the case of Myspace Inc.

Copyright 52

Copyright IP Social Media Copyright Law 52

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Advertisements for these games are allowed as long as they are not indecent or immoral. During the Victorian British Rule, horse betting was also introduced in India.

Law 74

Law Licensing Government Advertising 74

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 127

Social Media Advertising Advertising Designs 127

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 113

Copying Social Media Licensing Technology 113

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. There was no survey evidence, no evidence of intentional copying, and minimal media coverage. The Board was not impressed.

Advertising 52

Advertising Advertising Social Media Marketing 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

FEBRUARY 8, 2021

g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Justice Katzmann noted that it was difficult to put a great deal of weight on the evidence but found the evidence of the social media posts to “have some probative value”.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” million lines of code,” or about 1,500 lines per day.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. Alpha Phi Omega , 118 USPQ2d 1289, 1298 (TTAB 2016) (quoting 15 U.S.C. § Spotify AB , 2022 USPQ2D 37 at *13–14. § 1125(c)(2)(A). states had residents.

Television 40

Television Music Advertising Advertising 40

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. NYU Press, 2016). NYU Press, 2016). User names on social media may or may not include trademarks; user bios give more information.

Fair Use 45

Fair Use Branding Brands Branding 45

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Brands Branding 52

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Hit me up in the comments below or on social media @copyrightlately. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 84

Music Copyright Copying Copyright Law 84

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

APRIL 8, 2022

Published each year by the United States Trade Representative, the ‘notorious markets’ report highlights piracy threats located outside the US, in the hope that foreign authorities will take action. According to the MPA, content stored on these sites is also made available via apps, social media, forums, blogs and email.

Social Media 129

Social Media Reporting Publishing Advertising 129

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. POI Social Media Pvt. Humans of Bombay Stories Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

AUGUST 11, 2021

Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. There is some evidence on social media that people were blaming Nike (then again, people on social media blame Biden for the Delta variant, so). So how would you know?

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 115

Law Social Media Government Privacy 115