Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. Facebook appeared first on Technology & Marketing Law Blog.

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Social Media Contracts Law Litigation 98

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

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.,

Advertising 122

Advertising Advertising Contracts Social Media 122

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.

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Social Media Trademark Branding Brands 52

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.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

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.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics.

Social Media 52

Social Media Intellectual Property Registration Branding 52

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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Blogging Reporting Privacy Branding 119

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.

Blogging 111

Blogging Social Media Television Fair Use 111

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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Copyright Social Media Fair Use Licensing 145

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.”

Social Media 145

Social Media Privacy Law Government 145

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?

Advertising 62

Advertising Advertising Reporting Privacy 62

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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Privacy Marketing Marketing Social Media 116

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.

Social Media 138

Social Media Contracts Advertising Advertising 138

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

Social Media 105

Social Media Marketing Marketing Advertising 105

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.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

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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Social Media False Advertising Advertising Advertising 130

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.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

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.

Advertising 111

Advertising Advertising Social Media Blogging 111

TorrentFreak

APRIL 6, 2022

In 2019, LaLiga launched an investigation into a website advertised on social media that was being used to illegally market football content plus other material belonging to a “well-known” on-demand television platform. According to police sources, the site offered subscriptions to illegal IPTV and CCCAM services.

Social Media 143

Social Media Television Intellectual Property Technology 143

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.

Social Media 57

Social Media Advertising Advertising Branding 57

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.

Advertising 57

Advertising Advertising Social Media Publishing 57

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.

Editing 98

Editing Social Media Blogging Advertising 98

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.

Social Media 98

Social Media Journalism Reporting Advertising 98

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.]

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 105

Publishing Social Media Blogging Law 105

Erik K Pelton

NOVEMBER 3, 2020

Television advertising. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more. Missed opportunities to reclaim social media usernames registered by others. a great trademark: Marketing department.

Business 130

Business Trademark Cease and Desist Branding 130

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.

Advertising 52

Advertising Advertising Reporting Privacy 52

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.

Social Media 52

Social Media Branding Brands Branding 52

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.

Social Media 98

Social Media Advertising Advertising Publishing 98

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.

Social Media 52

Social Media Advertising Advertising Branding 52

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.

Branding 52

Branding Brands Branding Social Media 52

The IPKat

JUNE 13, 2022

Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IPilogue

DECEMBER 15, 2022

Given that the artists refused to take action and continued to benefit from the social media posts, Vogue requested and was granted immediate injunctive relief to prevent Drake and 21 Savage from using fake covers to promote their album.

Social Media 105

Social Media False Advertising Copying Trademark 105

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.

Social Media 52

Social Media Blogging Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

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.

Social Media 52

Social Media Branding Brands Branding 52