Technology & Marketing Law Blog

MAY 23, 2022

Even if platforms could revamp their entire communities, they would lose substantial revenue from boycotts by advertisers who do not want their ads to appear next to vile, objectionable expression.” “HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.”

Social Media 134

Social Media Law Publishing Blogging 134

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

Advertising 70

Advertising Advertising Social Media Government 70

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.

Social Media 101

Social Media Law Blogging Publishing 101

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

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 102

Privacy Marketing Marketing Social Media 102

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.

Branding 52

Branding Brands Branding Social Media 52

TorrentFreak

MARCH 4, 2024

The site’s origins reportedly trace back to the Soviet Union’s underground publishing culture ‘ samizdat ,’ which was used to bypass state censorship in the last century. In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” And that question is even more acute when it comes to children.

Advertising 52

Advertising Advertising Social Media Marketing 52

LexBlog IP

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.

Branding 52

Branding Brands Branding Social Media 52

IIPRD

JUNE 26, 2024

A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories.

Intellectual Property 52

Intellectual Property Social Media Intellectual Property Law IP 52

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. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 105

Law Social Media Advertising Advertising 105

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

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 100

Publishing Social Media Blogging Law 100

LexBlog IP

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 52

Advertising Advertising Social Media Publishing 52

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

Marketing 94

Marketing Marketing IP Music 94

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

Reporting 131

Reporting Social Media Advertising Advertising 131

IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 57

Social Media Advertising Advertising Branding 57

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

TorrentFreak

OCTOBER 31, 2022

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues. Publishers and authors are not happy with the site and are actively trying to limit its exposure. This growth is facilitated by users who openly advertise the site on social media, TikTok included.

Social Media 137

Social Media Publishing Intellectual Property Marketing 137

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

Social Media 109

Social Media Copyright Infringement Television Journalism 109

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

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 62

Advertising Advertising Settlement Contracts 62

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

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Where there is no allegation of a comparative advertisement, §43(a)(1)(B) requires “some affirmative indication of actual injury and causation.” 23-CV-5074 (JPO) (S.D.N.Y.

Trademark Law 57

Trademark Law Trademark False Advertising Law 57

Technology & Marketing Law Blog

FEBRUARY 20, 2023

How would the web and social media change? Current publishers of user-generated content will take away the power to publish from many or all of their existing user-authors. Some of those publishers will switch to publishing professionally produced content. [for What might the court get wrong in this case?

Social Media 94

Social Media Advertising Advertising Publishing 94

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. It’s a creative photo, but it was published. Market Effect. “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.”

Copyright 143

Copyright Social Media Fair Use Licensing 143

LexBlog IP

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 52

Social Media Advertising Advertising Branding 52

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

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 144

Social Media Privacy Law Government 144

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Social Media 105

Social Media False Advertising Copying Trademark 105

Michael Geist

JUNE 8, 2023

It’s about Bill C-18’s mandated payments for links, most of which publishers post themselves. Yet the value proposition for news links flow the opposite way as publishers post the majority of the links themselves in hope of increasing traffic on their sites, leading to greater advertising revenues.

Government 88

Government Journalism Advertising Advertising 88

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

Technology & Marketing Law Blog

DECEMBER 14, 2022

Kogan made a similar post to her account : MedSpa and Kogan published the photo other times as well. 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.

Social Media 119

Social Media False Advertising Advertising Advertising 119

Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

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. It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

Contracts 78

Contracts Designs Design False Advertising 78