Technology & Marketing Law Blog

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court cites the Social Media Addiction ruling for the proposition that “social media companies do have a duty to exercise due care in managing their platforms.” 2024 WL 1268420 (N.D.

Social Media 77

Social Media Blogging Publishing Designs 77

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Battles over politician-operated social media accounts. TikTok bans.

Law 104

Law Social Media Advertising Advertising 104

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. It’s not hard to imagine how a negligent design claim could have been structured here.

Contracts 77

Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

APRIL 3, 2024

When installed on a car, they suppress or bypass emission controls designed to protect the environment. The court gently replies: “Contrary to the government’s suggestion Section 230 immunity is not reserved for social media platforms.” EZ Lynk Sezc , 2024 WL 1349224 (S.D.N.Y. This case involves “ defeat devices.”

Social Media 77

Social Media Government Designs Design 77

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 57

Social Media Marketing Marketing Designs 57

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Designs 56

Designs Design Social Media Registration 56

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 79

Music Copyright Social Media Copyright Infringement 79

Technology & Marketing Law Blog

FEBRUARY 21, 2024

Nor do allegations of an application’s lack of identify and age verification remove the “publisher” designation. I still haven’t blogged last year’s In re Social Media Addiction rulings from the California federal and state courts. (I 2024 WL 678248 (Conn. cite to LW v. Cite to Doe v.

Publishing 65

Publishing Designs Design Social Media 65

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] The analogy is an imperfect one—social media operators are arguably less involved in the curation of their websites’ content than these traditional examples.

Social Media 82

Social Media Law Contracts Publishing 82

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 99

Publishing Social Media Copyright Infringement Copyright 99

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 85

Social Media Law Contracts Designs 85

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. Of course, a survey respondent could have easily reached the conclusion that the ‘inspection’ process was designed to weed out counterfeit products. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Nike, Inc.

False Advertising 67

False Advertising Branding Brands Branding 67

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit held in NetChoice that the state’s interest in “enabling users to make an informed choice regarding whether to use [social media] Platforms” was sufficient to survive review under Zauderer.

Advertising 62

Advertising Advertising Social Media Government 62

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) You don’t even know what ‘brat’ means? Read on then!

Social Media 67

Social Media IP Branding Brands 67

Technology & Marketing Law Blog

MARCH 25, 2024

“Although social media platforms do not like it, scraping, for various ends, is commonplace.” ” As the court notes, such tactics are exactly what anti-SLAPP laws are designed to combat. March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v.

Litigation 87

Litigation Contracts Advertising Advertising 87

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” World Champ Tech LLC v.

Marketing 57

Marketing Marketing Trademark Branding 57

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024.

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JANUARY 13, 2024

. * Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

Social Media 69

Social Media Reporting Designs Design 69

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 139

Privacy Designs Design Business 139

Garrigues Blog

JULY 15, 2024

It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media.

Public Domain 52

Public Domain Art Advertising Advertising 52

LexBlog IP

JANUARY 25, 2023

Providers are matched with different and cumulative sets of obligations, commensurate with their role and significance within the digital services market. Impact Whilst the DSA is already in force, it shall not be directly applicable across the EU until 17 February 2024.

Social Media 52

Social Media Advertising Advertising Settlement 52

Technology & Marketing Law Blog

JULY 2, 2024

Definitions are a constant problem in efforts to regulate “social media” or, in this case, “digital service providers.” July 1, 2024) Related Posts on Age Authentication Mandates Indiana’s Anti-Online Porn Law “Is Not Close” to Constitutional–Free Speech Coalition v.

Law 89

Law Social Media Blogging Designs 89

Technology & Marketing Law Blog

JANUARY 9, 2024

Snap workaround of claiming to sue over Snap’s first-party product design choices, not the drug dealers’ content: Plaintiffs disavow any claim based upon Snap’s activities as a publisher of the third-party (drug seller) content. Could Snapchat have designed its service in a way that would have defeated these arguments?

Publishing 77

Publishing Designs Design Law 77

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The general public could view the collection’s three-dimensional designs by scanning a QR code.

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JULY 3, 2024

The plaintiff also claimed Snapchat’s “ephemeral” message functionality is a flawed design, but the Constitution doesn’t permit legislatures to force messaging services to maintain private messages indefinitely. Indeed, Snapchat’s ephemerality enhances socially important privacy considerations. Supreme Ct.

Social Media 105

Social Media Publishing Designs Design 105

Technology & Marketing Law Blog

MAY 5, 2024

[This post got stuck in my drafts folder…sharing it now for completeness] I see many cases against government employees for posting and moderating content on social media. How do those policies interplay with the social media’s content moderation policies? Who set up the account?

Social Media 65

Social Media Government Designs Design 65

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Social Media 52

Social Media Marketing Marketing Government 52

LexBlog IP

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Government 52

Government Designs Design Law 52

Technology & Marketing Law Blog

JANUARY 19, 2024

” (Would the Florida or Texas social media censorship laws create that entitlement?) In fact, both/all sides of the Hamas/Gaza situation routinely claim that social media services don’t adequately promote their side of the story and gives too much priority to the other side’s story. Meta Platforms, Inc.

Social Media 77

Social Media Publishing Law Blogging 77