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

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 116

Privacy Marketing Marketing Social Media 116

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 111

Law Social Media Advertising Advertising 111

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 105

Intellectual Property Social Media IP Trademark 105

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. For trademark owners, litigation was their main option. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies.

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Trademark Social Media Advertising Advertising 98

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. 107 is common practice.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex.

Advertising 45

Advertising Advertising Social Media False Advertising 45

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

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 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Section 230.

Advertising 111

Advertising Advertising Social Media Blogging 111

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Rolling Stone litigation, though the facts are more internet-oriented. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.”

Advertising 64

Advertising Advertising Designs Design 64

43(B)log

FEBRUARY 16, 2024

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. However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation.

False Advertising 59

False Advertising Advertising Advertising Patent 59

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). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Attorney General.

Editing 98

Editing Social Media Blogging Advertising 98

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.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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

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

Technology & Marketing Law Blog

FEBRUARY 20, 2023

My brief explains how Section 230’s procedural benefits are critical to Section 230’s efficacy, and why turning more cases into Constitutional litigation will have numerous negative effects. How would the web and social media change? What might the court get wrong in this case?

Social Media 98

Social Media Advertising Advertising Publishing 98

43(B)log

MARCH 1, 2022

Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. Anyway, the complaint alleged that widespread use of the passage on social media could reduce “the incentive to purchase Winning Isn’t Normal or related merchandise.”

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

MARCH 3, 2022

Bell did argue that he licenses the passage on a standalone basis, but “Bell is unable to allege that anyone has ever purchased a license before posting the WIN Passage on social media—much less a public school district, which has no commercial interest in its online presence.” Implications.

Fair Use 116

Fair Use Marketing Marketing Litigation 116

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 135

Copyright Ownership Social Media Licensing 135

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

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

The IPKat

JUNE 6, 2022

The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). When does a third-party sign unlawfully evoke the denomination “Champagne” ? The Barcelona Commercial Court dismissed the action.

Social Media 129

Social Media Advertising Advertising Design 129

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. The court says Section 230 doesn’t apply to Shared’s other claims, which the court says arise “out of promises that Plaintiff argues Defendant made to its advertising partners.” & Prof.

Contracts 119

Contracts Social Media Advertising Advertising 119

Michael Geist

JUNE 17, 2021

To compensate those organizations for the articles they post would create an odd dynamic where they could effectively guarantee payment through their own social media posts. First, there have been numerous deals in Canada, including with members of News Media Canada. This creates harms several ways.

Copyright 96

Copyright Journalism Social Media Government 96

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.”

Contracts 111

Contracts Privacy Social Media Advertising 111

43(B)log

JULY 3, 2023

Perhaps because the litigation seems to have been otherwise painful, the court actually gave some attention to the harm story and found that BIT LLC failed to allege that it had standing to bring its trademark claims. Its complaint makes no mention of any specific advertising by these two parties whatsoever.

Social Media 56

Social Media Advertising Advertising Technology 56

TorrentFreak

MARCH 4, 2024

“This damages award is a fraction of what it could be if this case were litigated and the full scope of Defendants’ infringement revealed,” the publishers note. Since this amount represents just a small subset of all infringements, the request is reasonable, the publishers note.

Publishing 123

Publishing Social Media Copyright Infringement Copyright 123

The TTABlog

OCTOBER 27, 2023

Here, producing and giving away promotional cups at the Crankworkx mountain biking festival and promoting the same on social media went above and beyond what would normally be expected of a tire manufacturer by promoting the racing event for the racing event’s benefit.

Social Media 69

Social Media Registration Advertising Advertising 69

Technology & Marketing Law Blog

SEPTEMBER 6, 2022

” The term “websites-generated message and functions” is gibberish, but the court amplifies: “Immunizing a website’s own targeted advertisements and algorithms does not advance a website’s internal policing of indecent content or promoting third-party speech.” ” This is insane, amirite?

Social Media 119

Social Media Advertising Advertising Publishing 119

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. all over the globe. .

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Cease and Desist Government Confidentiality Settlement 144