Technology & Marketing Law Blog

JUNE 4, 2024

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). It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

Contracts 98

Contracts Design Designs Publishing 98

43(B)log

FEBRUARY 14, 2025

The court certified a question to the Massachusetts Supreme Judicial Court: Under what circumstances, if any, is material publicly posted to social media platforms inherently unknowable for purposes of applying the discovery rule in the context of defamation, right to publicity, right to privacy and related tort claims?

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content. Tam, 137 S.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” The government can show either falsity/misleadingness or lack of substantiation to prevail.

Government 40

Government Advertising Advertising Social Media 40

SpicyIP

DECEMBER 30, 2023

The relevant rules governing the division- Madras High Court Intellectual Property Division Rules, 2022 were notified on April 6, 2023, which were prepared keeping in mind the 158 years history of the High Court and were drafted to address the concerns of IP litigants consequent to the abolition of the IPAB. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

FEBRUARY 20, 2025

” “I am a law professor who teaches and writes about intellectual property and entertainment law with a focus on trademarks and false advertising, particularly online.” I think the internet in general an[d] Social Media and AI specifically, should be open to the 1st amendment and not interfered by government.

Blogging 52

Blogging Business Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. AJ Press LLC, F.Supp.3d 3d -, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

DECEMBER 6, 2024

The question is then whether the censorship can be excused due to concerns that the Chinese government (PRC) might effectuate a covert influence operation by manipulating the algorithms against America’s interests. We know that foreign governments have tried to manipulate our elections and will continue to do so.

Social Media 64

Social Media Government Ownership Law 64

LexBlog IP

MARCH 1, 2022

Unsurprisingly, these shifts largely follow political lines — Democrat-led state attorney general (AG) offices are no longer expending countless resources challenging Trump, while Republican-led AG offices have picked up the mantle of opposing the federal government. 4: Early Opioid Medication Litigation Rulings Favor Advertisers.

Privacy 52

Privacy Social Media Advertising Advertising 52

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

OCTOBER 14, 2024

This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to China. The lower court dismissed the case. The appeals court revives it.

False Advertising 105

False Advertising Advertising Advertising Contracts 105