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

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

Technology & Marketing Law Blog

DECEMBER 14, 2022

But even if the Court afforded the “thanks” portion of the caption no promotional value, the remainder clearly promotes the Defendants by referring to MedSpa as “the number one med spa” and associating it with a “#celeb” and “#vip.”. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation.

Social Media 117

Social Media False Advertising Advertising Advertising 117

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. Personality Rights.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

MAY 13, 2023

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. Spelling-Goldberg Prods.,

Personality Rights 87

Personality Rights Privacy Trademark Law False Advertising 87

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. If such content is not taken down within the prescribed time, the social media intermediaries would be liable for the same. Passing-off refers to misrepresenting someone else’s goods as one’s own.

Personality Rights 77

Personality Rights Intellectual Property Social Media Intellectual Property Law 77

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

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

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. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

LexBlog IP

APRIL 19, 2023

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. All a user needs to do is record reference vocals, add musical background, and voila – it now sounds like it was written by Drake. million times on TikTok. Or The Weeknd. Or Kanye West. ” White v. Samsung Elecs.

Music 52

Music Privacy Social Media Copyright 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. Academic researchers can also fit this paradigm. ” Click on the image to see the animation.

Contracts 105

Contracts Privacy Social Media Advertising 105

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 99

Social Media Law Blogging Publishing 99

TorrentFreak

FEBRUARY 15, 2022

Grisham and Turow don’t directly reference any of these efforts. Whois Privacy Corp., A similar order was granted requiring email services, social media services, search engines and other online providers to disable service to all of the defendants’ websites. and NameCheap, Inc.,

Social Media 103

Social Media Publishing Copyright Law Copyright 103

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 that Facebook’s TOS references to its decision-making standards don’t override Section 230: To the extent Facebook’s Terms of Service outline a set of criteria for suspending accounts (i.e.,

Contracts 93

Contracts Social Media Advertising Advertising 93

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

Law 57

Law Privacy False Advertising Social Media 57

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. However, Indian law has indirect references for the protection of publicity rights. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.]

Registration 52

Registration False Advertising Advertising Advertising 52

IP and Legal Filings

APRIL 19, 2022

The Information Technology Act of 2000 [hereinafter referred to as the “IT Act”] regulates the intermediaries or Internet Service Providers (ISPs) involved. Rules on Information Technology, 2021 (Intermediary Guidelines and Digital Media Ethics Code). Information Technology Act,2000.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

TorrentFreak

DECEMBER 7, 2023

A billion is a big number, especially when it refers to takedown demands received over a period of just nine months. Social media platform Facebook also reports huge numbers of takedowns to the EC. Those listed below represent just a small sample. Overall, few if any violations were of a personal nature, however.

Business 100

Business Reporting Social Media Copyright 100

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. The position of the precedent set by the Supreme Court in Vidya Drolia and Ors.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Satchit Bhogle.

Social Media 72

Social Media Personality Rights Law Branding 72

Intepat

FEBRUARY 7, 2023

The conventional internet and social media, as we know it, is referred to as the Web2.0 Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., – Data protection and privacy issues. The primary distinction between the two is that while Web2.0 – Jurisdictional issues.

IP 52

IP Law Invention Licensing 52

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. 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

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. claims, but only 24% reference or explain specific rules. Did they influence how you advertise?

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. We are entering the “Google Zero” paradigm—a world where AI-powered search provides summaries of search requests that may not even reference the original sources of the underlying content. A ‘Google Zero’ World? “I I got the new stuff!”

Copyright 102

Copyright Content Creation Fair Use Technology 102

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

JULY 14, 2021

. “It is common knowledge that one of the principal tactics of Trump’s presidential campaigns, as well as his presidency, was to incessantly attack the mainstream media as purveyors of ‘fake news’, including his claim that the media exaggerates the extent of racial division in this country.

Social Media 114

Social Media Blogging Law Advertising 114