Technology & Marketing Law Blog

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] I previously blogged the TRO. To enable greater government censorship of speech? (I

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Technology & Marketing Law Blog

NOVEMBER 29, 2021

My blog post analyzing the law. For example, from the intro: “Texas has designated the Platforms common carriers; they no longer have a right to discriminate against different views in their role as public conduits.” I can’t blog them all. My blog post. ” That’s a word salad to me.

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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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Technology & Marketing Law Blog

AUGUST 4, 2024

The Act’s prohibitions focus solely on the conduct of the covered website—the website’s use of certain design features on minors’ accounts—and impose liability irrespective of the content those design features may be used to disseminate. Reyes appeared first on Technology & Marketing Law Blog. Reyes , 2024 WL 3510919 (D.

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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.

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Daktronics, Inc.,

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Dragons' Den

FEBRUARY 6, 2025

Organic marketing from their customers through social media has been a cost-saving exercise. In addition to trade marks, you can also protect the visual appearance of your product, or packaging, with a registered design. If you enjoyed todays episode, why not subscribe to our Dragons Den IPO blog?

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Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. As usual, the filing of the complaint got significant news coverage, but those same media outlets are apparently uninterested in the denouement.

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Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Facebook , Herrick v.

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Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. This means they also own and need to license the copyright to the brand. This happens all the time.

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Corsearch

DECEMBER 10, 2024

This blog explores the threat of counterfeit hauls and livestreams, as first detailed in our Brand Protection: The Social Media Threat eBook. Digital influence: The role of social media and influencers in promoting dupes has normalized counterfeits, positioning them as stylish and savvy rather than deceptive.

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Corsearch

MARCH 19, 2025

This blog explores how brands, including Tommy Hilfiger , are adapting to Gen Zs online behaviors, educating them about the real-world consequences of counterfeiting, and evolving their strategies to stay relevant in an ever-changing digital landscape. For example, in France, Facebook is still popular with Gen Z.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

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Technology & Marketing Law Blog

MARCH 28, 2023

Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” — The thing that binds these two cases together is that both seem designed to build off the 9th Circuit’s reasoning in the hiQ Labs, Inc. All these claims were dismissed without prejudice, with leave to amend.

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Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Case Citation : Jones v.

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Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. –Jack Daniel’s v.

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Selvam & Selvam Blog

JULY 1, 2024

Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation and confuse consumers. One of the most important strategies to tackle these issues is filing takedown requests with social media and e-commerce platforms. And the worst part?

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Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. For example, it’s been repeatedly shown that some social media features provide net benefit to a majority or plurality of users, but other subcommunities of minors don’t benefit from those features. Newsom ) is an example of such a bill.

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Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

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Technology & Marketing Law Blog

APRIL 11, 2022

At the same time, it opened the door to potential liability for all tools that help content creators make their content, basically suggesting that the tools would be negligently designed in ways that expose the tool authors to liability for personal injuries. The Lemmon court disagrees with the lower court in Maynard v.

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Technology & Marketing Law Blog

AUGUST 9, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. Yesterday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post. The bill is unduly burdensome.

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Kashishipr

MAY 4, 2022

To safeguard your trademarks adequately, you should track new trademark filings, online use, social media usage of marks, and domain names, which shall alert you to potential conflicts. The same includes e-commerce marketplaces, standalone business websites, and social media channels. Bottom Line. For more visit: [link].

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Technology & Marketing Law Blog

DECEMBER 13, 2024

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v. Sydney Nicole LLC v.

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IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. Uffizi’s Director Eike Schmidt commented that “fashion designers regularly use our images” such as Leonardo da Vinci, Caravaggio, Titian, Raphael and Giotto di Bondone.

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Social Media Cease and Desist Public Domain Artwork 119

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

In 2016, the Federal Patent Court rejected a requested trademark registration of the term “EMOJIS” for chocolate because this expression was already an established designation for figurative symbols in electronic communication (in the German language, the plural of emoji is “Emojis”). Emoji as marginal notes. Emoji as dispositive.

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Intepat

MARCH 25, 2025

These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.

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IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. In particular, if a product goes viral on any social media platform, it is very likely that counterfeiters will target it. For more information, contact Rebecca Dücker , Jens Petry or Paolo Beconcini.

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Branding Branding Brands Social Media 101

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

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Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. –RyanAir v.

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IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The use of interactive face filters on social media platforms complements this integration of face detecting technology into our daily lives. The sound of your alarm marks the start to your day. to their face.

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Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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JD Supra Law

MAY 2, 2024

Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete NIL rights, and the NCAA adopted new NIL rules designed to allow schools to support student-athlete NIL endeavors. By: Pillsbury - Internet & Social Media Law Blog

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IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

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IPilogue

OCTOBER 12, 2021

Its AI is designed to detect and prevent crimes. Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. Many social media companies, including Google, Facebook, and Twitter, have accused Clearview of utilizing user images without authorization.

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Dragons' Den

FEBRUARY 1, 2024

For businesses like Manta Hair, securing design rights or patents can offer a quicker path to protection, ensuring the uniqueness of their product is safeguarded in the market. If you've mentioned it in a speech, uploaded a photo to social media or displayed a prototype at a trade show, this could potentially stop your patent being granted.

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SpicyIP

FEBRUARY 3, 2025

Other Posts SpicyIP Tidbit: Delhi Police Authorized to Issue Takedown Orders for Unlawful Content On 26th December 2024, the Delhi Government issued a gazette notification, designating Delhi Police as the nodal agency for regulating digital content hosted or published on intermediary platforms in the National Capital Territory of Delhi.

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