IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. Trademarks Scars on Social Media It defies law in this modern digital age. It has also brought a lot of challenges.

Social Media 52

Social Media Trademark Branding Brands 52

JD Supra Law

APRIL 1, 2024

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 66

Marketing Marketing Social Media Branding 66

Technology & Marketing Law Blog

FEBRUARY 11, 2024

Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment.

Copyright Infringement 115

Copyright Infringement Social Media Copyright Licensing 115

Technology & Marketing Law Blog

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. 2024 WL 3331649 (N.D. Twitter * Social Media Providers Aren’t Liable for Domestic Mass-Shooting–Retana v. Two of those cases, Gonzalez v.

Social Media 98

Social Media Blogging Litigation Marketing 98

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.

Social Media 98

Social Media Blogging Trademark Marketing 98

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.

Social Media 111

Social Media Designs Design Blogging 111

JD Supra Law

APRIL 26, 2024

On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a number of social media posts by Rihanna. By: Dickinson Wright

Social Media 63

Social Media Marketing Marketing Intellectual Property 63

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?

Social Media 105

Social Media Blogging Government Marketing 105

Technology & Marketing Law Blog

JULY 30, 2024

This case also highlights the stakes of the individualized explanations requirement in the TX and FL social media censorship laws if those survive constitutional scrutiny. Google LLC , 2024 WL 3551878 (D.D.C. July 26, 2024). Google appeared first on Technology & Marketing Law Blog. Case Citation : Baker v.

Social Media 107

Social Media Contracts Blogging Litigation 107

SpicyIP

NOVEMBER 11, 2024

on 28 October, 2024 (Delhi High Court) The petitioner sought removal of “Plantpowered” trademark from the Trademark register, arguing it to be the same as its “Plant Powered” trademark. Pneumo Care Health P Ltd vs Oxygun Health P Ltd 5 November, 2024 (Delhi Dsitrict Court) Image from here The plaintiffs, Pneumo Care Health Pvt.

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

Branding 104

Branding Brands Branding Technology 104

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.

Social Media 98

Social Media Blogging Publishing Designs 98

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.

Social Media 52

Social Media Marketing Marketing Publishing 52

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.

Social Media 62

Social Media Reporting Intellectual Property Publishing 62

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.

Designs 105

Designs Design Social Media Publishing 105

Technology & Marketing Law Blog

AUGUST 27, 2024

These duties do not derive from or even require publishing—they arise from Defendants’ alleged possession, use, and/or dissemination of biometric data without notice or consent Cite to the federal Social Media Addiction ruling. 2024 WL 3842563 (W.D. Amazon appeared first on Technology & Marketing Law Blog.

Social Media 98

Social Media Blogging Publishing Government 98

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 105

Music Copyright Social Media Copyright Infringement 105

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

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.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

DECEMBER 13, 2024

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v.

Blogging 64

Blogging Social Media Law IP 64

SpicyIP

OCTOBER 23, 2024

Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. Paras 69-74) and that the Plaintiffs would suffer irreparable harm given the influence of social media and their reputation in the market.

Social Media 105

Social Media Advertising Advertising Trademark 105

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.

Government 98

Government Social Media Designs Design 98

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 138

Social Media Reporting IP Technology 138

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. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” Actual confusion: none, despite market coexistence since September 2020; favored Peloton.

Marketing 59

Marketing Marketing Trademark Registration 59

Technology & Marketing Law Blog

SEPTEMBER 18, 2024

This case involves augmented reality (AR) effects/”filters” that people can use to doctor up images and videos on social media, such as the ability to add virtual bunny ears, flower crowns, or cat whiskers to people in the image or video. Meta appeared first on Technology & Marketing Law Blog. LEXIS 167696 (S.D.

Privacy 97

Privacy Law Social Media Blogging 97

TorrentFreak

SEPTEMBER 10, 2024

Previously known as Litnics, Sky recorded a total of 284,454 unique ‘infringing incidents’ between January 1, 2024, and July 29, 2024. Facebook Marketplace & Google Sky’s criticism of Facebook Marketplace contains some remarkable data for the six-month period between February and July 2024.

Social Media 115

Social Media Reporting Business Copyright 115

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 70

Social Media IP Branding Brands 70

Technology & Marketing Law Blog

DECEMBER 14, 2024

However, the Ninth Circuit previously rejected the implications of Malwarebytes for Fyk’s case in its last ruling, and “Lemmon says nothing about whether Section 230(c)(1) shields social-media providers for content-moderation decisions made with anticompetitive animus.” 2024 WL 5074905 (9th Cir. Facebook, Inc.

Social Media 52

Social Media Litigation Blogging Government 52

Technology & Marketing Law Blog

JUNE 15, 2024

Additionally, Plaintiff alleges that he reported these issues to Shutterstock’s social media team and to Beecher and was told that Shutterstock only maintained the policy to make the organization look good and did not actually care about enforcing the policy. 2024 WL 2943813 (S.D.N.Y. June 10, 2024).

Social Media 75

Social Media Blogging Licensing Law 75

SpicyIP

SEPTEMBER 29, 2024

on 23 August, 2024 (Delhi High Court) Image from here The plaintiff, proprietor of “HEALTH OK” trademark, accused the defendants of selling products under the confusingly similar mark “ALL OK+.” The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence. Case Summaries Mankind Pharma Limited v.

Trademark 104

Trademark Confidentiality Patent Application Copyright 104

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 97

Blogging Social Media Law Business 97

TorrentFreak

NOVEMBER 14, 2024

There are dozens of recognizable brands in the illegal streaming market, all jostling for position in a chaotic market where trademarks are copied even more readily than movies or live TV streams. In Latin America, one brand stands out more than most, and not just because it has a bright orange logo.

Branding 105

Branding Brands Branding Social Media 105

IP and Legal Filings

AUGUST 10, 2024

in April 2024 from 7.4% Worker privacy In the last few decades, artificial intelligence (AI) has progressively permeated our professional as well as personal lives, improving our social media feeds, operating our devices invisibly, and altering how marketers interact with customers through improved analytics [3].

Social Media 88

Social Media Privacy Technology Contracts 88

Copyright Lately

AUGUST 19, 2024

.” Judge Stephano Bibas, comments during August 6, 2024 Pretrial Conference in Thomson Reuters et al. There will also be a major battle over whether Ross’s use of original Westlaw material had an appreciable negative effect on the value of the Westlaw content or its potential market (the so-called “fourth fair use factor”).

Copyright 127

Copyright Fair Use Copying Marketing 127

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. As of February 2024, EU online platforms (not just very large ones or “VLOPs”!)

Copyright 131

Copyright Ownership Social Media Licensing 131

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 98

Contracts Designs Design Publishing 98

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.

Publishing 124

Publishing Social Media Copyright Infringement Copyright 124