JD Supra Law

MAY 15, 2024

On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. By: Proskauer - New Media & Technology formerly Twitter) against data provider Bright Data Ltd. Bright Data Ltd., 23-03698 (N.D. Bright Data Ltd., 23-03698 (N.D. May 9, 2024)).

Social Media 68

Social Media Contracts Technology 68

Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards. Verio.com, Inc.

Blogging 70

Blogging Social Media Contracts Technology 70

Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Reminder: courts sometimes demand that consumers click twice to form a contract. Advertising/E-Commerce. Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. Lona’s Lil Eats, LLC v. Handle, Inc.,

Advertising 112

Advertising Advertising Contracts Social Media 112

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

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 99

Blogging Contracts Cease and Desist Social Media 99

Technology & Marketing Law Blog

AUGUST 31, 2023

” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.”

Contracts 111

Contracts Social Media Blogging Publishing 111

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.

Social Media 118

Social Media Contracts Advertising Advertising 118

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). ” [Discussing Cross v. .”

Contracts 80

Contracts Designs Design False Advertising 80

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. Social Media. Primer on FOSTA.

Editing 142

Editing Law Social Media Privacy 142

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

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

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 84

Social Media Contracts Ownership Business 84

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “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.” Also, see Q2 of my 2005 contracts law exam and the sample answer. Implications.

Copyright 144

Copyright Social Media Fair Use Licensing 144

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 90

Litigation Contracts Advertising Advertising 90

IPilogue

JANUARY 11, 2023

Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

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 93

Social Media IP Registration Law 93

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media 84

Social Media Blogging Publishing Marketing 84

SpicyIP

AUGUST 1, 2023

Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. competition law, technology law, international IP law etc.) Remuneration and Work Conditions A consolidated Remuneration of Rs.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Contracts Social Media 98

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 64

Contracts Social Media Business Blogging 64

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle.

Social Media 52

Social Media Advertising Advertising Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. 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 123

Cease and Desist Blogging Contracts Social Media 123

Dragons' Den

FEBRUARY 9, 2023

The Dragons’ ears pricked up when Peter told them that the company had joined the popular social media channel TikTok, where three of their videos had gained 27.7 million views. Cleverly, Chris and Peter have already protected the name Dog G8 with a trade mark , which is crucial for building their brand.

Social Media 52

Social Media Licensing Business IP 52

Technology & Marketing Law Blog

AUGUST 9, 2023

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. .” She also claims she suffered financial losses due to the LinkedIn account termination. [I

Contracts 81

Contracts Social Media Blogging Marketing 81

IPilogue

JUNE 1, 2022

With remote work becoming the new norm , there is a growing reliance on digital technologies that lack sufficient transparency and legal oversight. Therefore, parties may clarify expectations on AI ownership and data-use procedures to engage relevant contract law protections.

Privacy 104

Privacy Social Media Ownership Business 104

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 63

Contracts Social Media Publishing Blogging 63

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. I previously blogged the TRO.

Social Media 85

Social Media Law Contracts Publishing 85

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”. Katpost on the ruling here.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Analysis of CA AB587). Attorney General.

Editing 92

Editing Social Media Blogging Advertising 92

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. Jurisdiction. Toys ‘R’ Us v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 139

Contracts Publishing Law Government 139

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 88

Social Media Law Contracts Designs 88

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 107

Contracts Privacy Social Media Advertising 107

The IPKat

FEBRUARY 21, 2024

The research reveals that, while the law influences the permission to be sought, these industries often contract with individuals to add value to their products via collaboration, and to avoid damage to reputation that might occur if permission were not sought in accordance through social norms.

Television 64

Television Advertising Advertising Social Media 64

Traverse Legal Blog

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

LexBlog IP

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Branding Brands 57

TorrentFreak

MAY 17, 2022

circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product; ii. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Still, here’s the relevant section. Copyright Law and DRM.

Copying 113

Copying Social Media Licensing Technology 113