Technology & Marketing Law Blog

JANUARY 18, 2024

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) Social media “defective design” lawsuits go forward.

Law 104

Law Social Media Advertising Advertising 104

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

Social Media 110

Social Media Copyright Infringement Television Journalism 110

43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects. Orthopediatrics Corp.

Advertising 57

Advertising Advertising Social Media False Advertising 57

43(B)log

SEPTEMBER 29, 2021

It Works Marketing, Inc. 2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants).

False Advertising 44

False Advertising Advertising Advertising Social Media 44

The TTABlog

JANUARY 6, 2022

Welch 2021. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. See any WYHAs?

Social Media 60

Social Media Advertising Advertising Music 60

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 90

Editing Social Media Blogging Advertising 90

TorrentFreak

JULY 9, 2024

A second and increasingly popular option is to buy a device with an embedded subscription, either from a friend, a friend-of-a-friend, or from those prepared to sell them via websites or openly on social media. At $350 per unit, pricing is certainly steep when compared to other similarly-powered devices available on the market.

Television 93

Television Social Media Advertising Advertising 93

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St. In December 2022, Morlos sent a cease-and-desist letter to St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

TorrentFreak

NOVEMBER 3, 2021

All three are functionally similar tools (marketing and community approaches aside) but Applinked is perhaps the most interesting for a couple of reasons. In fact, Applinked was initially served from the developer’s own website and is still advertised and linked from there, despite what happened to its predecessor.

Social Media 139

Social Media Ownership Advertising Advertising 139

43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. During the relevant period—through 2021—US News didn’t distinguish between in-person and online programs.

Advertising 57

Advertising Advertising False Advertising Marketing 57

The TTABlog

APRIL 22, 2024

The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 million for the years ended December 31, 2022, 2021 and 2020 respectively. The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. million, $9.5

Branding 43

Branding Brands Branding Social Media 43

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

Reporting 94

Reporting Marketing Marketing Social Media 94

43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

Copying 62

Copying False Advertising Social Media Advertising 62

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more. Callahan v.

Advertising 92

Advertising Advertising Social Media Blogging 92

Technology & Marketing Law Blog

JUNE 12, 2022

Doe, 2021 WL 3631269 (D. Doe, 2021 WL 3631269 (D. Sells, 2021 WL 4429067 (S.D. 9, 2021): “Initial interest confusion, however, goes to the seventh likelihood of confusion factor – the existence and extent of actual confusion; it is not a stand-alone basis for a claim of infringement.” 2021 WL 6881640 (D.

Trademark 90

Trademark Advertising Advertising False Advertising 90

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. YouTube appeared first on Technology & Marketing Law Blog. Google LLC , 2024 WL 2809371 (Cal.

Contracts 77

Contracts Designs Design False Advertising 77

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. 1648, 1659–60 (2021). In November 2023, X corp. on all counts. May 9, 2024).

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

LexBlog IP

MARCH 7, 2022

TikTok, a video-sharing platform, has quickly become one of the most popular social media platforms to date. In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. By: Noelle Henry. were copyright related.

Copyright 52

Copyright Social Media Music Copyright Infringement 52

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

JULY 20, 2023

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 social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content.

Privacy 95

Privacy Social Media Advertising Advertising 95

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 57

Social Media Marketing Marketing Advertising 57

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

Social Media 140

Social Media Artwork Copyright Reporting 140

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

Social Media 57

Social Media False Advertising Advertising Advertising 57

Dragons' Den

FEBRUARY 16, 2023

With a background in data analytics, as well as an impressive portfolio of celebrity connections, Alex noticed that the independent music sector didn’t have the tools to promote music across various marketing channels. And so in December 2021, he launched an ‘in your pocket music promotions hub’.

Designs 52

Designs Design Music Invention 52

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. AIM stated that the independent community accounts for 25% of the UK recording market, thereby putting the majors’ share at 75%.

Music 138

Music Contracts Reporting Marketing 138

IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 With the rise in the popularity of social media and networking, copyright becomes particularly relevant. The players in the tourism industry have started relying on social media and other digital platforms to promote and advertise their goods and services.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Social Media 80

Technology & Marketing Law Blog

DECEMBER 2, 2021

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. The Opinion. ” [cite to USTA v.

Social Media 98

Social Media Law Blogging Publishing 98

TorrentFreak

OCTOBER 5, 2021

Despite using established legal processes in all three countries, by April 2021 DISH was unable to confirm to the court that the defendants had been directly served. The answer to that question was ultimately negative.

Copyright Infringement 120

Copyright Infringement Copyright Cease and Desist Social Media 120

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” This blog post will show how data snarfers vex the courts and expose unfortunate gaps in existing legal doctrines. * * *.

Contracts 105

Contracts Privacy Social Media Advertising 105

TorrentFreak

MAY 18, 2022

The service was marketed and sold to users via these domains and through social media platforms. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. PrimeStreams Ignored Warning.

Cease and Desist 129

Cease and Desist Social Media Branding Brands 129

Technology & Marketing Law Blog

JULY 29, 2023

Paul Davis is a lawyer and a self-described “ J6er ,” i.e., a participant in the January 6, 2021 U.S. The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Capitol insurrection.

Social Media 76

Social Media Contracts Law Litigation 76