Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

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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.

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IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

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IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

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Trademark and Copyright Law Blog

AUGUST 27, 2021

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising.

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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. In November 2023, X corp. on all counts. Bright Data Ltd. , 3:23-cv-03698 (N.D.

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Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Ariix, LLC v. NutriSearch Corp.,

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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! The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission.

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Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. Creators, a term which I and many in the creator economy agree includes influencers, is a unique and distinct set of end users that generate content on platforms (or online service providers or social media platforms).

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Technology & Marketing Law Blog

JULY 25, 2024

First, I write up a quick hit for the media. I then follow up with a comprehensive blog post–often a 5k+ word post that can take me 20+ hours to write. That led to many cuts from my rough draft (in contrast, I don’t have any self-imposed word count caps on my blog posts!). See my short statement on the Moody v.

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LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

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IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

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LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

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IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms. Proactively promote and facilitate compliance by brands.

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Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. The rise of financial advice influencers on social media are a prime example of potential risk for companies.

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Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

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Olartemoure Blog

FEBRUARY 2, 2024

The approval of the General Audiovisual Communication Law by the Spanish Congress marks a milestone in regulating the content disseminated by content creators on social media platforms. Additionally, it aims to prevent the advertising of gambling and the dissemination of unrealistic standards of beauty and health.

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Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards.

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Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

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IPilogue

NOVEMBER 3, 2021

The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Social media may be a broad, general marketplace and thus fail to meet one of the criteria under Section 2. asked a judge to dismiss the U.S

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Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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Kashishipr

MAY 4, 2022

In most cases, it is typically sufficient if the trademark symbol appears with one single prominent use of the mark in one single label or advertisement, even though the mark in itself may appear multiple times. The same includes e-commerce marketplaces, standalone business websites, and social media channels. Bottom Line.

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LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. The rise of financial advice influencers on social media are a prime example of potential risk for companies.

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Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

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Blogging Trademark Fair Use Trademark Law 110

Traverse Legal Blog

APRIL 2, 2023

In the world of social media, everyone’s got an angle. The Federal Trade Commission (FTC) will likely modify Part 255 regarding using endorsements and testimonials in advertising in 2023. Advertisers and endorsers must clearly disclose any material connections that may affect the endorsement’s credibility.

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Velocity of Content

DECEMBER 12, 2022

Traditional journalism organizations and digital-native social media networks alike face a formidable challenge – more and more, people trust information less and less. NewsGuard rates the credibility of news and information websites and tracks online misinformation for search engines, social media apps, and advertisers.

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43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

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Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

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Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Snap also relies heavily on its ability to collect and disclose to its advertisers the personal data and metrics collected from Oregon residents, including M.K. by collecting her data for use and distribution to advertisers while M.K.

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Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control. Doing what, exactly?

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The TTABlog

JUNE 5, 2024

Nike's evidence established ues of the JUST DO IT mark since 2018, with staggering sales figures and advertising expenditures, substantial interactions on social media, and frequent unsolicited media attention. More about that in an upcoming blog post. Read comments and post your comment here. Welch 2024.

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LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Edited by Coby Turner and Cathy Feldman

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Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

Online advertisers bid to use keywords from search engines that feature famous brand names to divert customers to their website which damages the brand’s reputation. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Thus, it becomes important to safeguard your business.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. The court says that the publicity rights claim isn’t preempted to the extent that “PeopleConnect is using their names and likenesses to advertise the subscription membership.” Section 230.

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Technology & Marketing Law Blog

FEBRUARY 20, 2023

How would the web and social media change? for more on this point, see this short piece ] This case has drawn attention because of its potential implications for recommendation algorithms and content moderation on social media platforms. Google Oral Arguments appeared first on Technology & Marketing Law Blog.

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IP Tech Blog

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code.

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