43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 57

False Advertising Advertising Advertising Privacy 57

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. However, with more advantages, some disadvantages also come into play.

Copyright Law 93

Copyright Law Copyright Law Social Media 93

Michael Geist

AUGUST 9, 2023

Digital services revenue can arise from (1) online marketplace services revenue (which would cover an Ebay, Airbnb or Uber), (2) online advertising services revenue (Google or Microsoft), (3) social media services revenue (Facebook or TikTok), and (4) user data revenue (any company that collects and sells user data).

Social Media 52

Social Media Government Advertising Advertising 52

LexBlog IP

JANUARY 26, 2023

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta (formerly Facebook), they are now eyeing other industries, including the fast food industry.

Social Media 40

Social Media Privacy Advertising Advertising 40

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 92

Advertising Advertising Social Media Blogging 92

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. BrandTotal’s initial software proactively pinged Facebook and collected responsive information.

Contracts 105

Contracts Privacy Social Media Advertising 105

Garrigues Blog

JULY 11, 2022

Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two social media outlets. The Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

SpicyIP

JULY 9, 2021

(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. In Akshaya Creations v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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.

Social Media 99

Social Media Law Blogging Publishing 99

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. & Prof.

Contracts 93

Contracts Social Media Advertising Advertising 93

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.

Privacy 100

Privacy Marketing Marketing Social Media 100

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 87

Litigation Contracts Advertising Advertising 87

IP and Legal Filings

APRIL 19, 2022

Along with removing the information, they are also required to create a digital fingerprint of it and preserve it in their system so that it cannot be re-posted until the dispute is resolved. Information Technology Act,2000. Rules on Information Technology, 2021 (Intermediary Guidelines and Digital Media Ethics Code).

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

LexBlog IP

MAY 9, 2023

Looking for more information on patents ? PATENT ABSTRACT & ART: A method for media presentation in a vehicle includes receiving a Bluetooth Low Energy (BLE) advertising message from a user interface (UI) device. In this edition of #InterestingPatents, we drive into the future with Spotify’s new patent.

Editing 52

Editing Patent Patent Application Social Media 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent.

Registration 52

Registration False Advertising Advertising Advertising 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

TorrentFreak

APRIL 11, 2023

Today’s bottom line for anonymizing privacy services is that they must comply with Russia’s site-blocking demands and open up themselves up to scrutiny. The waiter explains that the amount also covers his wife not being informed that he’s having a secret affair. Where did he get all of this information?

Privacy 127

Privacy Social Media Government Advertising 127

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

Patently-O

FEBRUARY 21, 2023

Section 230 fostered the dominant social media business model where almost all of the major internet media services rely primarily upon user-provided content. But, AI may be different since it is more content-generative than most social-media. Think YouTube, Instagram, Facebook, Twitter, TikTok, LinkedIn, etc.

Social Media 54

Social Media Publishing Privacy Advertising 54

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Sun Pharmaceuticals Industries Ltd. Cipla Ltd [Madras High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

DECEMBER 21, 2022

As the world’s information technology has advanced, it has created a vast opportunity for people to access and store their personal data. Today, social media has become a vital part of our lives. Before, there were various print media outlets that we could rely on such as newspapers, television, and radio.

Social Media 83

Social Media Law Government Privacy 83

LexBlog IP

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 52

Social Media Advertising Advertising Technology 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

For example, COPPA doesn’t govern local governments, and the restrictions on “discussing illegal activity” and “information that may potentially compromise the safety or security of the public or public systems” are obviously overbroad. 11) Anonymous posts. 11) Anonymous posts. Implications. In Tanner v.

Social Media 106

Social Media Government Designs Design 106

Intepat

FEBRUARY 7, 2023

The visual technology and design capabilities are developing at a rapid pace where the metaverse will allow users to interact with virtual objects in real life with real-time information. The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues.

IP 52

IP Law Invention Licensing 52

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Deterrence and morality were both invoked—rightness was informed by the law. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content.

Fair Use 57

Fair Use Contracts Litigation Copying 57

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 110

Blogging Publishing Social Media Advertising 110

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Not transparent/information asymmetry for consumers. This rule facilitates information asymmetry that can harm consumers by adding information costs. Did they influence how you advertise? Expand social media monitoring.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Kluwer Copyright Blog

JUNE 26, 2024

are the background lyrics of the latest Google advertisement about the future of online search. What happens to information created by online newspapers, magazines, and bloggers if Google does not provide links to their content? The exchange of information will happen between and via AI agents. A ‘Google Zero’ World? “I

Copyright 102

Copyright Content Creation Fair Use Technology 102

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. In order to conduct such a study, 6(b) orders are issued to companies requesting information.

Social Media 52

Social Media Reporting Journalism Advertising 52

Michael Geist

OCTOBER 22, 2022

Earlier this week, I attended an excellent talk with Frances Haugen, the well-known Facebook whistleblower, who delivered a compelling case that the social media giant, driven by profit maximization, consistently errs on the side of technical choices that keeps users engaged, angry, and on the platform, often at an enormous societal cost.

Privacy 97

Privacy Government Social Media Advertising 97

Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

Social Media 81

Social Media Privacy Law Publishing 81

Technology & Marketing Law Blog

OCTOBER 18, 2021

The bill eliminates Section 230 for making a personalized recommendation of information that materially contributes to a physical or severe emotional injury. A personalized recommendation is defined as “the material enhancement, using a personalized algorithm, of the prominence of such information with respect to other information.”

Privacy 134

Privacy Social Media Blogging Advertising 134