Technology & Marketing Law Blog

JANUARY 18, 2024

The court got there by collapsing the distinction between (1) businesses discriminating against buyers based on their identity, and (2) advertisers allocating scarce advertising dollars to highlight their offerings to the most interested consumers. 4) Social media “defective design” lawsuits go forward.

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Law Social Media Advertising Advertising 104

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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Social Media Privacy Designs Design 87

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. Designed as a direct competitor to Twitter, Threads is being marketed to Instagram’s 2.35 They are used by criminals to prey on unsuspecting social media users. billion- strong user base [1].

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Social Media Branding Brands Branding 52

Michael Geist

DECEMBER 14, 2023

But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. Those notices can include the steps the agency wants followed to bring the site into compliance.

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Law Social Media Government Privacy 145

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

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Social Media Contracts Ownership Business 81

IP Tech Blog

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. AI-generated music adopting the vocal styles of popular musicians has become ubiquitous on TikTok and other social media platforms, racking up millions of views and listens, and raising copyright, trademark, and right of publicity questions.

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Business Law Social Media Reporting 52

Michael Geist

AUGUST 9, 2023

The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses. But what if the user uses a privacy tool to limit the tracking?

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Social Media Government Advertising Advertising 52

Kluwer Copyright Blog

OCTOBER 3, 2023

To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. The defendants to be required to implement, maintain, regularly review and revise as necessary a threat management program designed to appropriately monitor the defendants’ information networks for threats.

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Fair Use Privacy Copyright Technology 134

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. See Musk, Elon).

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Social Media Ownership Marketing Marketing 81

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Third, this lawsuit overlaps the broader censorial efforts to impose liability for social media addiction, including an MDL on that topic in the Northern District of California. ICS Provider.

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False Advertising Social Media Publishing Advertising 88

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

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Marketing Marketing Confidentiality Social Media 52

The IPKat

NOVEMBER 9, 2021

Exclusions from exhaustion rights, coupled with other IP rights such as copyright and design right, mean that even a well-intentioned ‘upcycler’ could find themselves infringing. This is something that some brands are hoping to see in the DSA applying to all online businesses.

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LexBlog IP

APRIL 18, 2022

The time has come for the agency to bring its first case using the Rule, and the first case belongs to Lithionics Battery, a company that designs and sells battery management system products. Keep that in mind, as the agency has recently kicked off two new rulemakings and will likely initiate some sort of privacy rulemaking in 2022.

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Social Media Marketing Marketing Settlement 52

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 99

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Second, even if businesses treated all consumers (i.e.,

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Privacy Designs Design Business 139

LexBlog IP

MAY 25, 2023

The system includes a sensor coupled to the plunger, designed to measure the distance from the plunger to the opposite end of the body and transmit this measured distance across a network. Navigating the vast world of social media has just become easier and more visually engaging, thanks to a recent patent granted to Snap Inc.

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LexBlog IP

MARCH 30, 2023

The design includes multiple microphones for sound triangulation, offering enhanced audio quality and background noise suppression. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-64266873580ba8043{display: important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-642668735cba64729{position:

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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. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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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. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Cloudflare, Alissa Starzak: Tech measures used by platforms do not work for infrastructure providers and could have profound impacts on privacy and security.

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Copyright Fair Use Music Licensing 44

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Anti-SLAPP laws end pernicious cases early. We need more of that.

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Litigation Contracts Advertising Advertising 87

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

MAY 11, 2023

Previously, no legislative framework existed in Ireland for qualified users such as educational establishments and cultural heritage institutions to pursue these public policy goals in digital settings (see Department of Business, Enterprise and Innovation public consultation on the transposition of Directive).

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Copying Copyright Law Copyright Social Media 102

Intellectual Property Law Blog

MARCH 1, 2023

From the start, think about ways to improve your data set, design your model to account for data gaps, and – in light of any shortcomings – limit where or how you use the model. Every year, the FTC holds PrivacyCon, a showcase for cutting-edge developments in privacy, data security, and artificial intelligence.

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Social Media Advertising Advertising Technology 231

IIPRD

FEBRUARY 8, 2024

Surveillance and analysis of IP-related activities on the internet, such as domain name registration, web crawling, social media monitoring, and online marketplace scanning which can help detect potential IP infringement cases, such as cybersquatting, phishing, counterfeiting, piracy, and plagiarism.

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Intellectual Property IP Government Technology 52

Intellectual Property Law Blog

MARCH 1, 2023

From the start, think about ways to improve your data set, design your model to account for data gaps, and – in light of any shortcomings – limit where or how you use the model. Every year, the FTC holds PrivacyCon, a showcase for cutting-edge developments in privacy, data security, and artificial intelligence.

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Social Media Advertising Advertising Technology 246

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.

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Personality Rights Privacy Social Media Copyright 64

Patently-O

FEBRUARY 21, 2023

Section 230 fostered the dominant social media business model where almost all of the major internet media services rely primarily upon user-provided content. But, AI may be different since it is more content-generative than most social-media. ”) 47 U.S.C. DCMA notice-and-takedown-provision.

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Social Media Publishing Privacy Advertising 54

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.

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IP Intellectual Property Copyright Trademark 143

TorrentFreak

MARCH 17, 2024

LaLiga Responds via an ‘Information Notice’ and Social Media The ‘Information Notice’ published by LaLiga doesn’t directly challenge the TSJ-Cataluna statement but describes it as an “ interpretation ” of the order handed down by Commercial Court no.8 8 of Barcelona.

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Intellectual Property IP Social Media Reporting 86

LexBlog IP

MARCH 1, 2023

From the start, think about ways to improve your data set, design your model to account for data gaps, and – in light of any shortcomings – limit where or how you use the model. Every year, the FTC holds PrivacyCon, a showcase for cutting-edge developments in privacy, data security, and artificial intelligence.

Social Media 52

Social Media Advertising Advertising Technology 52

Technology & Marketing Law Blog

NOVEMBER 1, 2021

He identified several lessons: the value of “open architectures” and “relatively neutral infrastructure” the Internet is capable of being used for pro- and anti-social uses. ” 2) “WE WOULD HAVE RECOGNIZED EARLIER THAT HEALTHY JOURNALISM IS CRITICAL TO THE DEMOCRACIES IN WHICH OUR BUSINESSES THRIVE.”

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Journalism Government Technology Privacy 103

Intepat

FEBRUARY 7, 2023

Moving Towards The Metaverse Businesses inadvertently move towards spaces which have the potential for more money to be tapped. One such growing space that is considered a hotbed for businesses is the metaverse. The conventional internet and social media, as we know it, is referred to as the Web2.0

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IP Law Invention Licensing 52

43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. Social norms: Backlash from fans if permission isn’t sought, and they’re the ones you are likely targeting. Celebrities may collaborate on designing the product.

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Fair Use Contracts Litigation Copying 57

Intepat

JUNE 6, 2024

This technique raises serious privacy and intellectual property (IP) problems since it uses artificial intelligence (AI) to analyze biometric data. Governments and businesses are increasingly interested in biometric technology, for primarily two functions of theirs: Identification and Verification. How is Biometric Data driven by AI?

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IP Intellectual Property Privacy Technology 52

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. 3) reasonable measures to safeguard privacy interests. (4) pounds/week); 86% make positive subjective claims; 78% make business opportunity claims. Expand social media monitoring.

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Social Media Fair Use Advertising Advertising 52