Technology & Marketing Law Blog

DECEMBER 30, 2021

And there is no comparison to legislative designation of telephone companies as common carriers, for telephone companies do not exercise editorial discretion over the communications they carry, and no legislature ever complained that telephone companies were forwarding a leftist agenda by blocking conservative calls. .”

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Social Media Law Blogging Privacy 115

Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

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Social Media Law Publishing Reporting 123

Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. Removal of content ex post is just as much an editorial choice as refusing to publish content in the first place. I recently rounded up the Texas opening brief and its supporting amici briefs.

Social Media 113

Social Media Law Blogging Government 113

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

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Designs Design Branding Brands 52

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

MAY 8, 2024

“Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Facebook , Herrick v.

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Designs Design Social Media Publishing 82

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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Social Media Law Blogging Publishing 98

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 101

TorrentFreak

MARCH 4, 2024

The site’s origins reportedly trace back to the Soviet Union’s underground publishing culture ‘ samizdat ,’ which was used to bypass state censorship in the last century. In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages.

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Publishing Social Media Copyright Infringement Copyright 97

Technology & Marketing Law Blog

NOVEMBER 29, 2021

For example, from the intro: “Texas has designated the Platforms common carriers; they no longer have a right to discriminate against different views in their role as public conduits.” Paxton, the Challenge to Texas’ Social Media Censorship Law appeared first on Technology & Marketing Law Blog.

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Social Media Law Television Reporting 116

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

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Technology Publishing Social Media Intellectual Property 114

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Facebook’s exit devastated independent Canadian publishers, who begged the government to reverse its policy. Musk has bridged that gap. StopTheSADScheme.

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Law Social Media Advertising Advertising 105

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

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Branding Brands Branding Marketing 52

Technology & Marketing Law Blog

JUNE 4, 2024

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. It’s not hard to imagine how a negligent design claim could have been structured here.

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Contracts Designs Design False Advertising 78

LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Designs Design Editing Patent Application 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

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Copying Copyright Law Copyright Social Media 101

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 89

Technology & Marketing Law Blog

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court cites the Social Media Addiction ruling for the proposition that “social media companies do have a duty to exercise due care in managing their platforms.” Negligence.

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Social Media Blogging Publishing Designs 79

Technology & Marketing Law Blog

MARCH 11, 2024

Music publishers sued Twitter for users’ alleged copyright infringement. The publishers argued that Twitter “transmitted” their works. The publishers tried a number of tired/old-school arguments that would categorically hold UGC sites liable for user-caused copyright infringement. Direct Copyright Infringement.

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Music Copyright Social Media Copyright Infringement 80

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. Third-Party Content.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. You need to know about the reasonably foreseeable risks and impact of your AI product before putting it on the market. It has issued AI-related guidance in the past.

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Social Media Advertising Advertising Technology 231

Technology & Marketing Law Blog

APRIL 11, 2022

Snap , holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users published the speed filter. Finally, the FAC alleges that Plaintiffs used the Speed Filter within minutes of the accident.

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Social Media Designs Design Publishing 113

Technology & Marketing Law Blog

JULY 29, 2021

Most of the Section 230 reform bills are messaging bills designed to play to the crowd and maybe goose campaign donations. Worse, the bill basically designates the HHS Secretary as a one-person censorship board. But web hosting is a commodity; social media users can easily find venues to passively host their content.

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Social Media Government Designs Design 139

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Tattoos are “published” when completed. Allegations of “general awareness” are not enough. Buzzfeed, Inc.

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Copyright Social Media Copyright Infringement Publishing 96

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

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

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Social Media Reporting Government Law 112

Technology & Marketing Law Blog

JUNE 28, 2022

Publisher/Speaker Claims. Perhaps the defendants would have ultimately defeated this case anyways, but having Section 230 on their sides gave them–and all of us– a little more freedom to engage each other on social media without fearing that every casual interaction might trigger a financial cataclysm.

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Social Media Blogging Publishing Reporting 129

Technology & Marketing Law Blog

FEBRUARY 21, 2024

The contested issue is whether the claims treat Snapchat as a publisher/speaker of the third-party content. Nor do allegations of an application’s lack of identify and age verification remove the “publisher” designation. Snapchat successfully defends on Section 230 grounds. cite to LW v. Cite to Doe v.

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Publishing Designs Design Social Media 66

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Copyright Fair Use Social Media Artwork 79

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. You need to know about the reasonably foreseeable risks and impact of your AI product before putting it on the market. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

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Art Marketing Marketing Due Diligence 52

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. Age-Appropriate Design Code.

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Privacy Designs Design Business 140

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Blog Posts. Analysis of CA AB587).

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Editing Social Media Blogging Advertising 91

The IPKat

OCTOBER 16, 2023

In the background, the bottle design was displayed (see pictures below). Tesla submitted inter alia: · Online articles from Danish and Irish websites, which concerned Tesla’s plans to build the Gigafactory near Berlin and which were all published prior to the application date of Juicyphant’s trade mark.

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Art Registration Social Media Publishing 75

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.] The analogy is an imperfect one—social media operators are arguably less involved in the curation of their websites’ content than these traditional examples.

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Social Media Law Contracts Publishing 84

The IPKat

JULY 4, 2021

The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives. The UK IPO has also published the results of last year’s consultation on the review of the IP enforcement framework.

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Intellectual Property Journalism Social Media Intellectual Property Law 67

LexBlog IP

MAY 4, 2023

The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation. Known for producing some of the best triggers in the market, the company continues to push the boundaries of firearms technology.

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Editing Patent Patent Application Social Media 52