Technology & Marketing Law Blog

JULY 21, 2024

Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. 2024 WL 3421685 (Mass. The post Section 230 Preempts Two More Harassment Lawsuits appeared first on Technology & Marketing Law Blog. Recapping a couple of doomed-from-inception lawsuits. Benedict v. Twitter Inc. The mind reels.

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Social Media Blogging Trademark Marketing 52

LexBlog IP

JANUARY 11, 2024

” The SEC’s X account was compromised on Tuesday, January 9, 2024, and a fake post was published that in essence said the SEC had granted approval for Bitcoin ETFs, along with a fake quote from SEC Chairman Gary Gensler. This incident illustrates how social media platforms can be used for disinformation with dramatic consequences.

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Social Media Marketing Marketing Publishing 52

Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. However, as always, Public Domain Day 2024 will be accompanied by lots of caveats, asterisks and traps for the unwary.

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Public Domain Music Copyright Publishing 117

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

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Social Media Reporting Intellectual Property Publishing 60

Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. March 18, 2024) The post Buffalo’s Mass-Murder Leads to a Wrong Section 230 Decision–Jones v. Mean appeared first on Technology & Marketing Law Blog. Case Citation : Jones v. Supreme Ct.

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Social Media Designs Design Blogging 101

Technology & Marketing Law Blog

MARCH 26, 2024

One of the DSA’s standout features is that it imposes due process-like obligations on non-governmental actors, as if there is no meaningful distinction between taxpayer-funded public actors and market-supported private actors. Intermediaries (Guest Blog Post) How Will the Digital Services Act (DSA) Affect the European Internet?

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Social Media Blogging Government Marketing 79

Technology & Marketing Law Blog

APRIL 1, 2024

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. March 26, 2024). Roblox appeared first on Technology & Marketing Law Blog. Negligence.

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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. StopTheSADScheme.

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Law Social Media Advertising Advertising 104

Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” 2024 WL 2021896 (N.D.N.Y. May 6, 2024) The post Section 230 Preempts Product Design Claims–Lama v. ” Cites to Mosha v. Facebook , Herrick v.

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Designs Design Social Media Publishing 80

The TTABlog

JUNE 26, 2024

92078934 (June 20, 2024) [not precedential]. As a relatively small operation consisting of only the two Co-Founders based in the Netherlands, prior to the application filing date Respondent created globally accessible social media pages and began producing its goods using a production facility that was registered with the U.S.

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Designs Design Registration Social Media 67

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

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Social Media Marketing Marketing Designs 57

Technology & Marketing Law Blog

APRIL 3, 2024

The court gently replies: “Contrary to the government’s suggestion Section 230 immunity is not reserved for social media platforms.” The court summarizes: The social media posts in the Complaint are useful to show what EZ Lynk knew or should have known for purposes of stating a claim under Section 203 of the Clean Air Act.

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Social Media Government Designs Design 77

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. And the exclusion also withdrew coverage for all related forms of marketing. 21-63-JJM-PAS (D.R.I.

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Advertising Advertising Settlement Contracts 62

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.”

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Music Copyright Social Media Copyright Infringement 79

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Francis High School - Salesian College Preparatory ("St. Morlos and St.

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Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

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Blogging Contracts Cease and Desist Social Media 96

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.

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Television Social Media Advertising Advertising 92

LexBlog IP

SEPTEMBER 7, 2023

For instance, Minnesota is studying how intelligence sharing with AI might enable law enforcement lead to civil liberty violations while North Dakota is considering how the technology could affect matters ranging from the job market to the 2024 elections. Regulators are coming to different conclusions on the matter, though.

Social Media 40

Social Media Government Technology Reporting 40

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 Applicant Williams sells her handbags via her website and social media accounts. Welch 2024. million, $9.5

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Branding Brands Branding Social Media 43

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. Google LLC , 2024 WL 2809371 (Cal. Case citation : Freethinker v.

Contracts 77

Contracts Designs Design False Advertising 77

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.

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Social Media Law Contracts Publishing 82

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

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False Advertising Advertising Advertising Patent 57

TorrentFreak

OCTOBER 31, 2023

During the summer, President Putin signed off on legal amendments that will require some internet platforms, including social networks, to verify new users’ identities, in some cases using their passports. The latter may take some time to emerge but in the meantime, Russia is attempting to remove as many as possible from the market.

Social Media 128

Social Media Reporting IP Technology 128

Technology & Marketing Law Blog

JANUARY 27, 2024

19, 2024) The post Plaintiffs Tried to Plead Around Section 230. Snap appeared first on Technology & Marketing Law Blog. Worse, if any plaintiff finds any gap in Section 230 through this relentless and repetitive stress-testing of legal doctrines, Section 230 will be nullified without any Congressional amendment at all.

Blogging 69

Blogging Social Media Law Business 69

IP Tech Blog

OCTOBER 31, 2023

However, it is safe to assume that all of the well known social media platforms will fall into one of these categories.

Law 62

Law Social Media Publishing Technology 62

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 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. of Southern Cal., CV 23-3389-GW-MARx (C.D. USC didn’t appear on the list after that.

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Advertising Advertising False Advertising Marketing 57

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).

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Social Media Law Contracts Designs 85

43(B)log

JUNE 27, 2024

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. 22 C 6083 (N.D.

Advertising 62

Advertising Advertising Social Media Law 62

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 56

Designs Design Social Media Registration 56

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

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Advertising Advertising Music Fair Use 67

TorrentFreak

MARCH 4, 2024

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 30 Million in Damages With a default judgment, the textbook publishers hope to obtain an injunction that will limit LibGen’s ability to operate.

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Publishing Social Media Copyright Infringement Copyright 98

Technology & Marketing Law Blog

FEBRUARY 21, 2024

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. Meta appeared first on Technology & Marketing Law Blog. Case citation : V.V. Meta Platforms, Inc. Superior Ct. Law360 article.

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Publishing Designs Design Social Media 65

LexBlog IP

JANUARY 19, 2024

On 15 January 2024, the UK Information Commissioner’s Office (“ ICO ”) [1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“ GenAI ”). 3] See ICO Generative AI first call for evidence (15 January 2024). [4]

Law 52

Law Social Media Contracts Intellectual Property 52

Copyright Lately

OCTOBER 2, 2023

This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Drop me a note in the comments below or @copyrightlately on social media. Thomson Reuters v. Ross Intelligence The issues at play in Thomson Reuters v. Ross Intelligence Inc.

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Fair Use Copyright Copying Copyright Infringement 92

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 57

Branding Brands Branding Marketing 57

LexBlog IP

OCTOBER 31, 2023

However, it is safe to assume that all of the well known social media platforms will fall into one of these categories.

Law 52

Law Social Media Publishing Intellectual Property 52

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Cross-examination could address any deviation from market conditions. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y. And a Nike NFT witness was allowed in part.

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