Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

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Social Media Contracts Advertising Advertising 116

Technology & Marketing Law Blog

AUGUST 16, 2024

However, it did involve an edge outcome (the presence of a unilateral amendment clause infected the whole contract) that hasn’t come up often since it was issued. That case will surely be appealed, so I remain in the market for a good TTC principal case. Jurisdiction Evaluating Personal Jurisdiction AMB Media v.

Editing 100

Editing Law Social Media Contracts 100

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 77

Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. In November 2023, X corp. on all counts.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

JULY 12, 2022

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Defamation and Information Torts.

Editing 141

Editing Law Social Media Privacy 141

TorrentFreak

MARCH 21, 2024

Cooperation, Coordination and Information Sharing The Commission says a key aim of the Toolbox is to promote and facilitate effective cooperation between rightsholders, providers of intermediary services, and competent authorities, by promoting good practice and use of appropriate tools and new technologies.

Social Media 91

Social Media IP Registration Law 91

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.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

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.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

IP and Legal Filings

AUGUST 10, 2024

Worker privacy In the last few decades, artificial intelligence (AI) has progressively permeated our professional as well as personal lives, improving our social media feeds, operating our devices invisibly, and altering how marketers interact with customers through improved analytics [3]. Retrieved from [link] (n.d.).

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Social Media Privacy Technology Contracts 68

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits appeared first on Technology & Marketing Law Blog.

Contracts 63

Contracts Social Media Business Blogging 63

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

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.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

AUGUST 2, 2021

I did not add coverage of the Florida social media censorship law or NetChoice v. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Weis Markets.

Editing 145

Editing Law Privacy Contracts 145

Kluwer Copyright Blog

APRIL 15, 2024

documentation, methods, weighting factors, information on the model architecture or usage). documentation, methods, weighting factors, information on the model and on the architecture). Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g.

Licensing 101

Licensing Social Media Contracts Privacy 101

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 62

Contracts Social Media Publishing Blogging 62

Technology & Marketing Law Blog

AUGUST 9, 2023

LinkedIn closed the account because she allegedly shared misleading COVID information. However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. LinkedIn appeared first on Technology & Marketing Law Blog.

Contracts 79

Contracts Social Media Blogging Marketing 79

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

IPilogue

AUGUST 19, 2021

Although one might think that this statute contains all of the necessary information on Olympics-related marks in Canada, matters are further complicated by the fact that the Canadian Olympic Committee (COC) continues to register marks not found in OPMA as official marks under the Trademarks Act. This may drive some policy changes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation 87

Litigation Contracts Advertising Advertising 87

Technology & Marketing Law Blog

DECEMBER 7, 2022

The appellate court summarizes its conclusion: However denominated, Prager’s state law causes of action target providers of an interactive computer service in their capacity as publishers restricting access to Prager’s information content—i.e., Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

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. BrandTotal’s initial software proactively pinged Facebook and collected responsive information. ” Oof.

Contracts 106

Contracts Privacy Social Media Advertising 106

Traverse Legal Blog

APRIL 2, 2023

Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle. These updates emphasize and enhance the principle that organizations and social media influencers must follow basic disclosure, honesty, and substantiation guidelines.

Social Media 52

Social Media Advertising Advertising Branding 52

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. E: What advice would you give to fellow artists and makers on social media on sharing their work? E: What would you like to see happen in terms of the culture of social media artists and their followers?

Social Media 106

Social Media IP Business Branding 106

Traverse Legal Blog

APRIL 6, 2022

Since the game title and NFTs were based on the use of F1, the game, the NFTs, the website, and the social media channels using ‘F1’ all had to be shut down. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

The IP Law Blog

AUGUST 12, 2021

What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers. Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Therein lies the risk.

Intellectual Property 98

Intellectual Property Licensing Social Media Contracts 98

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 94

Contracts Social Media Advertising Advertising 94

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Wired : Inside the Underground Market for Fake Amazon Reviews. The post 2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews) appeared first on Technology & Marketing Law Blog. Mileto, 2022 WL 3006778 (Mich.

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Social Media Publishing Marketing Marketing 116

43(B)log

JUNE 29, 2023

Litigation indicates: it isn’t more efficient than standard competition or sector-specific regulation; it just reflects that there wasn’t enough information about what they were regulating. Success=people are empowered in a real way and track how information flows/reaches them. Europeans don’t think the regulators will be unreasonable.

Law 52

Law Privacy Litigation Social Media 52

LexBlog IP

FEBRUARY 1, 2022

There was a good piece in MediaPost’s Marketing Insider, available here , on business considerations for working with B2B influencers. ” Remember to discuss making these disclosures during live public speaking events as well — especially if they will be livestreamed on social media for the public to follow along.

Social Media 52

Social Media Contracts Branding Brands 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. The court agrees, in an opinion filled with numerous gems and zingers supporting free speech, such as: “Even if short and often grammatically scurrilous, social media posts do not fall outside the ambit of the First Amendment. She posted on Instagram that she had COVID.

Law 104

Law Social Media Government Contracts 104

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. For all brands and marketers, the purpose driven element is critical. And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” Vital Pharmaceuticals, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Before tackling more serious matters, a quick look at legal streaming services’ subscriber agreements provides a wealth of information. Subscriber Agreements. Copyright Law and DRM.

Copying 113

Copying Social Media Licensing Technology 113