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. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media 81

Social Media Contracts Ownership Business 81

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 62

Advertising Advertising Settlement Contracts 62

IPilogue

JULY 9, 2021

In 2015, Austrian law student and privacy activist, Maximillian Schrems, sued Facebook Ireland for what he alleged to be an unlawful transfer of data from Facebook Ireland to Facebook’s headquarters in the United States. law can order social media companies to provide such data to the U.S. In other words, the U.S.

Privacy 106

Privacy Contracts Social Media Government 106

Technology & Marketing Law Blog

AUGUST 2, 2021

I’ve now framed it as a note about California’s consumer privacy laws. 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. Jurisdiction.

Editing 145

Editing Law Privacy Contracts 145

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement).

Licensing 102

Licensing Social Media Contracts Privacy 102

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. The court spends 20 pages analyzing the arguments.

Contracts 105

Contracts Privacy Social Media Advertising 105

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

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 85

Social Media Law Contracts Designs 85

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

IPilogue

APRIL 4, 2022

Her privacy has been repeatedly invaded by complete strangers since childhood. Throughout her life, perfect strangers have invaded her privacy without regard for her emotional wellbeing. A letter was then sent to Elsevier briefing them on the serious privacy impacts of the use of Mariana’s name and image in their publications.

Privacy 120

Privacy Publishing Journalism Copyright 120

LexBlog IP

MARCH 15, 2022

In particular, defendants argued that because Belle Cosmetics made the information available to thousands of network salespeople on Facebook, “the world’s largest social media website,” that information was by definition non-confidential, and could not be a trade secret.

Marketing 52

Marketing Marketing Confidentiality Social Media 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 93

Contracts Social Media Advertising Advertising 93

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.”

Web Development 57

Web Development Social Media Copying Copyright 57

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

LexBlog IP

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

DECEMBER 27, 2022

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. “ Privacy. * ” * Williams v.

Privacy 100

Privacy Marketing Marketing Social Media 100

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.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 139

Privacy Designs Design Business 139

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Europeans don’t think the regulators will be unreasonable.

Law 52

Law Privacy Litigation Social Media 52

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. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 102

Copying Copyright Law Copyright Social Media 102

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. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

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

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building. Programme Officers and Project/Programme/Team Lead/Manager.

Government 105

Government Editing Privacy Technology 105

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.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 57

Fair Use Contracts Litigation Copying 57

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.”

Social Media 110

Social Media Designs Design Blogging 110

Intepat

FEBRUARY 7, 2023

The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues. These must further be accompanied by contracts to ensure that one’s intellectual asset is not infringed upon by another. The primary distinction between the two is that while Web2.0

IP 52

IP Law Invention Licensing 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 91

Social Media Ownership Contracts Privacy 91

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. Expand social media monitoring. Minor: new regulations of social media are like common carriage.

Social Media 52

Social Media Fair Use Advertising Advertising 52