Technology & Marketing Law Blog

SEPTEMBER 11, 2024

Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Utah argued that the law doesn’t suppress any specific topic.

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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

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

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Technology & Marketing Law Blog

JANUARY 15, 2024

” BBC : Facebook’s growth not linked to psychological harm, study finds * Science : How do social media feed algorithms affect attitudes and behavior in an election campaign? Plaintiffs have not submitted the Resort’s pages on third-party travel websites or presented social media posts. Kallinen v.

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Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

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Technology & Marketing Law Blog

OCTOBER 5, 2021

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. In Australia, for example, government actors are dropping social media interactivity out of fear that they might be held liable for any defamatory user posts.

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Erik K Pelton

NOVEMBER 24, 2020

Trademark Tips for Blog Owners. For example, one of my favorite blog titles is a cheese blog called It’s Not You, It’s Brie®. Before committing to a name, blog authors should search the internet and the trademark database at USPTO.gov to make sure it is unique in your industry. Be creative. Use proper trademark symbols.

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Technology & Marketing Law Blog

OCTOBER 22, 2021

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., The post Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

NOVEMBER 29, 2021

My blog post analyzing the law. I can’t blog them all. My blog post. Paxton, the Challenge to Texas’ Social Media Censorship Law appeared first on Technology & Marketing Law Blog. Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. NetChoice/CCIA complaint.

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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.

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Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed.

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Technology & Marketing Law Blog

JUNE 20, 2024

June 14, 2024) The post Reusing Social Media Photos for Ads? 1 Hotel appeared first on Technology & Marketing Law Blog. Case Citation : Khachatryan v. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D. Be Careful!–Khachatryan –Khachatryan v.

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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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Technology & Marketing Law Blog

AUGUST 4, 2024

Utah July 22, 2024) The post Section 230 Doesn’t Preempt Utah’s Minor Protection in Social Media Act–NetChoice v. Reyes appeared first on Technology & Marketing Law Blog. Case Citation : NetChoice LLC v. Reyes , 2024 WL 3510919 (D.

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Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

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IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. Trademarks Scars on Social Media It defies law in this modern digital age. It has also brought a lot of challenges.

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Technology & Marketing Law Blog

OCTOBER 20, 2021

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ Are Social Media Services “State Actors” or “Common Carriers”? ” Cites to Lewis v.

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Technology & Marketing Law Blog

OCTOBER 12, 2021

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review. Google LLC , 2021 WL 2546675 (9th Cir.

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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! 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).

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Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This blog post covers the appellate brief and some supporting amicus briefs.

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Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

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Technology & Marketing Law Blog

AUGUST 18, 2024

Creators, a term which I and many in the creator economy agree includes influencers, is a unique and distinct set of end users that generate content on platforms (or online service providers or social media platforms). Both creators and brands could benefit from transparency around algorithmic decisions that drive content distribution.

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Technology & Marketing Law Blog

JUNE 5, 2024

First, Voyager Labs allegedly created “thousands of fake accounts to scrape, then sell, platform users’ social media data.” Voyager (Guest Blog Post) appeared first on Technology & Marketing Law Blog. a UK-based surveillance company. — The opinion was short and focused on a few key facts.

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Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

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Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. As a bar and restaurant, the use is commercial, but is it also transformative? March 25, 2022).

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Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together. Power Ventures, Inc. dispute back in the Ninth Circuit in 2016. Facebook v.

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Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.

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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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Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Technology & Marketing Law Blog

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. NetChoice appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. 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.” Prior Tattoo Copyright Blog Posts. Nature of the Work.

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Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Everyone knows “social media censorship” laws will require the Supreme Court’s review. My blog post. My blog post. My blog post.

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Technology & Marketing Law Blog

FEBRUARY 11, 2024

Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment.

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Technology & Marketing Law Blog

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. This blog post recaps what’s happened to the Gonzalez case since then. Twitter * Social Media Providers Aren’t Liable for Domestic Mass-Shooting–Retana v.

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Technology & Marketing Law Blog

FEBRUARY 11, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”? Houston appeared first on Technology & Marketing Law Blog.

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