Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.

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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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Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

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Social Media Law Litigation Blogging 98

Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. This means they also own and need to license the copyright to the brand.

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Technology & Marketing Law Blog

JANUARY 18, 2025

” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.” Lynk Media LLC v. IHeartMedia, Inc.,

Copyright 96

Copyright Social Media Licensing Fair Use 96

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

TorrentFreak

JANUARY 27, 2025

Michael Christin, another trial attorney at the DoJ, went into great detail on the Jetflix case, discussing various challenges his team faced while litigating the case. “Market entry for a pirate is easy. They’re paying influencers to go on social media and promote them.

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Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 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. Comptroller , No.

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Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. It is a challenge for the institutional framework, enforcement agencies, and courts to effectively develop their missions, because, even with the current resources, some markets remain unexplored or wrongly understood. What is the approach of antitrust laws in these markets? In Colombia.

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Technology & Marketing Law Blog

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. NetChoice appeared first on Technology & Marketing Law Blog.

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Social Media Law Blogging Government 115

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. Examples of this can be found almost every time a dress or fashion accessory becomes popular, whether on social media or at various events. Bottom Line.

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Copyright Lately

JANUARY 20, 2025

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Townsquare Media, Inc. In Richardson v.

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Copyright Social Media Fair Use Publishing 69

Technology & Marketing Law Blog

FEBRUARY 11, 2024

Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Esquared appeared first on Technology & Marketing Law Blog.

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Copyright Social Media Copying Blogging 144

Technology & Marketing Law Blog

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. After 8 years of litigation, the case ends on essentially a procedural technicality (an important one, but still…). Two of those cases, Gonzalez v.

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Social Media Blogging Litigation Marketing 98

Copyright Lately

OCTOBER 20, 2024

Skiplagged’s defense also highlighted its website’s disclaimers, which warned users that hidden city ticketing “may upset the airline” and marketed itself as exposing fares airlines “don’t want you to see.” A good example comes from a case I litigated years ago on behalf of Costco.

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Copyright Fair Use Social Media Business 86

Technology & Marketing Law Blog

MARCH 19, 2024

The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content. Mean appeared first on Technology & Marketing Law Blog. You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.”

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Technology & Marketing Law Blog

AUGUST 14, 2022

CNN argued that the Flynns’ social media activity shows they in fact are QAnon adherents. Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these social media statements in their depositions. CNN appeared first on Technology & Marketing Law Blog. The post Retweets ?

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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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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Social Media Contracts Ownership Business 98

IP Law 360

AUGUST 17, 2023

Pinterest heads to the Ninth Circuit next week to defend a lower court ruling that allowed the company to use the Digital Millennium Copyright Act to shield itself from copyright litigation over how it markets images that users upload to the social media site.

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Social Media Intellectual Property IP Litigation 75

Technology & Marketing Law Blog

MAY 19, 2022

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. The post My SCOTUS Amicus Brief on Texas HB20’s Unconstitutional Transparency Requirements appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. ” Amount Taken. Implications.

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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. 4) Social media “defective design” lawsuits go forward. Battles over politician-operated social media accounts. StopTheSADScheme.

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Law Social Media Advertising Advertising 111

Technology & Marketing Law Blog

JULY 30, 2024

This case also highlights the stakes of the individualized explanations requirement in the TX and FL social media censorship laws if those survive constitutional scrutiny. Google appeared first on Technology & Marketing Law Blog. Note that determining if a content item is CSAM isn’t always a zero or one.

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Social Media Contracts Blogging Litigation 107

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

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Intellectual Property Social Media IP Trademark 105

Technology & Marketing Law Blog

JUNE 5, 2024

First, Voyager Labs allegedly created “thousands of fake accounts to scrape, then sell, platform users’ social media data.” — I suspect we’re entering an era of nuance when it comes to web-scraping litigation. Voyager (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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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. Social Media Benefits Minors.

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Copyright Lately

FEBRUARY 17, 2025

Instead, they focus on whether Westlaw’s headnotes were copyrightable, whether Rosss training-stage copying involved protectable expression, and whether its use displaced a real or potential market for Thomson Reuters’ original workssome of the same issues that will be decided in cases involving generative AI.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Power Ventures, Inc. Facebook v.

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Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

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Publishing Social Media Blogging Law 105

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media.

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Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. Effect on the market : Atari alleged that it has an active licensing business extending its brand into advertising, merchandising, and other areas. Social media doing what it does best.

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Fair Use Copyright Artwork Social Media 109

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. However, this case’s litigation approach is problematic. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v.

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False Advertising Social Media Publishing Advertising 105

Olartemoure Blog

MARCH 16, 2021

Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Request verification of your account from social media. Many cases remain under the radar if you do not have local counsel helping you know the market.

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Technology & Marketing Law Blog

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. ” Those cases were poorly framed and litigated at every step along the way.

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Social Media Law Fair Use Blogging 142

Technology & Marketing Law Blog

JANUARY 18, 2023

Twitter, over whether social media services can violate the Anti-Terrorism Act. Paxton, over the Florida and Texas social media censorship laws. ” The brief explains how Section 230 provides important procedural benefits in litigation that promote pro-speech outcomes. NetChoice v.

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Social Media Blogging Law Litigation 72

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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