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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Social Media Law Blogging Publishing 113

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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Social Media Intellectual Property Advertising Advertising 40

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.

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IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

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Advertising Advertising Intellectual Property Social Media 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

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False Advertising Advertising Advertising Social Media 72

LexBlog IP

NOVEMBER 27, 2023

Earlier this year the Federal Trade Commission announced updates to its Endorsement Guides (“Guides”), which provide direction to advertisers to ensure that advertising using endorsements is truthful. Read more

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Social Media Advertising Advertising Intellectual Property 52

SpicyIP

OCTOBER 23, 2024

Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. 29(8) is meant for “infringement by advertising of the mark ”, and the ASCI guidelines too, as the title indicates, are influencer “advertising”.

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Social Media Advertising Advertising Trademark 93

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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Advertising Advertising Social Media Publishing 57

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

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Contracts Advertising Advertising Social Media 52

43(B)log

OCTOBER 10, 2023

Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on social media.” Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement. million views.

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Advertising Advertising False Advertising Social Media 64

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. Lanham Act claim: Were these alleged statements commercial advertising or promotion? Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. They didn’t advertise any alternative or promote a specific product.

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Advertising Advertising Social Media False Advertising 59

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

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

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.

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False Advertising Advertising Advertising Privacy 59

Managing IP

DECEMBER 21, 2022

As advertising increasingly shifts to social media, Ranjan Narula and Padmini Paonam of RNA Technology and IP Attorneys explain how to safeguard a brand’s reputation despite the risks presented by the use of influencers.

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Social Media Branding Brands Branding 52

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IP and Legal Filings

JULY 21, 2022

Today’s world is growing so fast and we humans are becoming completely dependent upon the technology If you’ve spent any length of time on any social media site in the previous few years, you’ll recognise three facts. For starters, social media is become an essential marketing platform for the majority of firms.

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Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

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Social Media Blogging Advertising Advertising 52

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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Social Media Privacy Law Government 145

The IPKat

JULY 12, 2024

Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign.

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Social Media IP Branding Brands 67

Intepat

JUNE 19, 2024

In the Indian jurisdiction, various forms of evidence are presented in court daily and the field of evidence law within our country is governed under the Indian Evidence Act, 1872. All such documents including any electronic record, are presented before the court for inspection. These statements are termed as oral evidence.

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The TTABlog

JANUARY 6, 2022

In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative].

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Social Media Advertising Advertising Music 62

43(B)log

FEBRUARY 17, 2022

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. You can find out more here: [link].

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Advertising Advertising False Advertising Marketing 80

43(B)log

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. I’m not sure this makes sense.

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Advertising Advertising Social Media Contracts 59

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." Affirming the first two refusals,genericness and failure-to-function, was a snap, because the applicant presented no argument regarding them on appeal.

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Marketing Marketing Social Media Advertising 70

Michael Geist

FEBRUARY 3, 2022

First, the question of regulating user generated content , referred to in the bill as content uploaded to a social media service. exempting users from being treated as broadcasters, the government is now claiming that it “listened, especially to the concerns around social media, and we’ve fixed it.”

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Social Media Government Music Licensing 137

BYU Copyright Blog

JUNE 3, 2024

She claims that outside of her working hours and not in her capacity as an administrative assistant, she designed a logo depicting a catamount, which she presented to members of the working group on January 31, 2023. Complaint pg. According to Ms. She also claims that the University applied for a trademark with the U.S.

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Copyright Art Social Media Designs 52

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. It is notable that in some advertisements, there are distorted names of the luxury brands ( here , here , and here ) used to indicate their product name.

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43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.”

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Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 18, 2024

The event, which I recapped in more detail for another publication, presented an interesting set of questions and opportunity for future development of the conversation around an economy that Goldman Sachs predicts to reach $480 billion by 2027. The advertising revenues may eventually pass through in some portion to creators.

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Blogging Reporting Privacy Branding 112

LexBlog IP

AUGUST 17, 2023

The complaint against the CCDH further alleges that the Center presented the data it had scraped in a false light as a part of a campaign of Internet censorship, that its activities violated an exclusive contract for sentiment analysis on X and that its reports have caused major advertisers to pause or terminate deals.

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Social Media Contracts Privacy Advertising 40

The IPKat

DECEMBER 14, 2023

A presentation of the report was made by Hon. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

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Copyright IP Social Media Copyright Infringement 91

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”).

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Designs Design Social Media Privacy 57

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. The book is presented in two main parts; part one provides the foundation and background for the empirical analysis in part two. The code can be found below.

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Television Advertising Advertising Social Media 64

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

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Social Media False Advertising Advertising Advertising 49

SpicyIP

JULY 22, 2024

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Hence, the Court remanded the matter to the Respondent. Nexus Solar Energy Pvt. Dabur India Ltd.

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The IPKat

JANUARY 2, 2022

v EUIPO | Case T-509/19) and the importance of presenting valid arguments for the existence of a link between the marks - even in the case of marks with an exceptional reputation ( Puma v EUIPO | Case T-71/20). Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

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