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 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

SEPTEMBER 18, 2024

This case involves augmented reality (AR) effects/”filters” that people can use to doctor up images and videos on social media, such as the ability to add virtual bunny ears, flower crowns, or cat whiskers to people in the image or video. To some privacy lawyers, this is a prima facie violation of BIPA. Martell v.

Privacy 97

Privacy Law Social Media Blogging 97

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.

Plagiarism 264

Plagiarism Designs Design Copying 264

Technology & Marketing Law Blog

JANUARY 18, 2024

The term “link taxes” refer to the government compulsion of large Internet services, such as social media or search engines, to pay news media for indexing and publishing their headlines and links. 4) Social media “defective design” lawsuits go forward. #StopTheSADScheme. Does anyone care?

Law 111

Law Social Media Advertising Advertising 111

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.

Social Media 98

Social Media Privacy Designs Design 98

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.

Social Media 98

Social Media Contracts Ownership Business 98

43(B)log

AUGUST 5, 2021

Dustin Marlan, The Dystopian Right of Publicity Privacy problems (surveillance) are often analogized to the dystopia of 1984; ROP problems stemming from infinite transferablility can be analogized to Brave New World (1932). Class action ROP lawsuits against social media: result was broader consents in TOS. See her book.

Privacy 45

Privacy Social Media Moral Rights Litigation 45

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences. More generally, consumer subpopulations often have conflicting needs.

Designs 119

Designs Design Privacy Business 119

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 105

Litigation Contracts Advertising Advertising 105

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

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? . __ (forthcoming 2022).

Editing 98

Editing Social Media Blogging Advertising 98

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Michael Geist

MAY 25, 2022

Given that Bill C-11 is short on details, the early conclusion is that leaving implementation to the CRTC combined with a still-secret policy direction is a virtual guarantee for years of hearings, litigation, and Internet regulation framed as “broadcast regulation.” First, regulation of user content. While the Section 4.1

Social Media 145

Social Media Government Television Music 145

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

Advertising 111

Advertising Advertising Social Media Blogging 111

Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. b) The world’s largest social media, intervened in a lawsuit by the Federal Trade Commission and 48 U.S. states, for illegal monopolization of the personal social network market, because of the acquisitions of two communication network sites. You can take control of the litigation.

Marketing 98

Marketing Marketing Social Media Litigation 98

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. The parties have vigorously litigated this case.

Contracts 111

Contracts Privacy Social Media Advertising 111

SpicyIP

AUGUST 26, 2024

Simply Life India (2023) (“Anil Kapoor”) (in paragraph 53), wherein the Court, had ruled in favour of safeguarding the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Technology & Marketing Law Blog

JANUARY 19, 2023

However, this case’s litigation approach is problematic. Third, this lawsuit overlaps the broader censorial efforts to impose liability for social media addiction, including an MDL on that topic in the Northern District of California. I share the heartbreak. “Harassment” isn’t always illegal/tortious.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Plaintiffs successfully alleged that “Facebook acquired and maintained monopoly power by making false representations to users about Facebook’s data privacy practices.”

False Advertising 59

False Advertising Advertising Advertising Privacy 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.”

Contracts 119

Contracts Social Media Advertising Advertising 119

Traverse Legal Blog

MARCH 26, 2025

If youre a victim of the University of Michigan Matt Weiss hacking scandal, discover your legal rights, options for compensation, and how Traverse Legal’s expertise in data privacy, security, and forensics makes our law firm different. Your privacy, security, login information, and well-being may have been severely compromised.

Privacy 52

Privacy Law Social Media Confidentiality 52

Technology & Marketing Law Blog

DECEMBER 13, 2024

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v. Sydney Nicole LLC v.

Blogging 64

Blogging Social Media Law IP 64

LexBlog IP

APRIL 19, 2023

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. Data Privacy Data privacy may eventually create a path to protection but this will not come easy. And state or federal laws are unlikely to restrict use of publicly available songs on privacy grounds.

Music 52

Music Privacy Social Media Copyright 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 Derivative Work 52

IP Tech Blog

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Other considerations for legal professionals abound, privacy being salient among them. Finding the balance between those competing interests is always challenging and Generative AI is making it all the more so.

Business 52

Business Law Social Media Reporting 52

43(B)log

DECEMBER 7, 2023

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.” “Bartlett was upset by the use of her image to endorse a company with whom she was also engaged in litigation.”

Web Development 45

Web Development Social Media Copying Copyright 45

SpicyIP

AUGUST 15, 2021

They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. John Doe & Anr. 9 August, 2021]. The Delhi High Court in Star India Pvt.

Licensing 83

Licensing Government Reporting Patent Law 83

LexBlog IP

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Other considerations for legal professionals abound, privacy being salient among them. Finding the balance between those competing interests is always challenging and Generative AI is making it all the more so.

Business 52

Business Law Reporting Music 52

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. RT: Litigated cases about influencers might have the contracts as part of the record. Video games: want motion capture.

Fair Use 45

Fair Use Contracts Litigation Copying 45

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. Leistner: might compare amount of litigation under different regulations, directives.

Law 40

Law Privacy Social Media Litigation 40

43(B)log

APRIL 7, 2023

Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Demands to control social media—take down posts from political rivals, block full services—are common around the world. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Privacy 45

IP and Legal Filings

SEPTEMBER 14, 2024

However, I intend to take broad examples of how social transformation has had an enormous impact on law and how this has affected the public. The two topics are LGBTQ Rights and the Right to privacy. 9] The establishment of LGBTQ Rights in 2014 led up to the formation of the Right to Privacy.

Privacy 96

Privacy Law Government Social Media 96

Technology & Marketing Law Blog

JANUARY 26, 2024

Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Although this distinction does not eliminate all the privacy concerns voiced by the FTC in this lawsuit, it does lessen the severity of the alleged privacy injury.

Social Media 98

Social Media Privacy Advertising Advertising 98

Technology & Marketing Law Blog

AUGUST 16, 2024

The case raised some important discussion topics, but the holding itself was partially limited by the litigation posture. Second, the growing number of plaintiff wins against social media services (even if just overcoming MTDs), such as the addiction and sexual predation cases, are inconsistent with this ruling. Lopez (Cal.

Editing 116

Editing Law Social Media Contracts 116

LexBlog IP

MARCH 2, 2022

We expect to see an increase in state AGs using the media to showcase “wins” as a way to jump-start campaign efforts. 10: Continued Privacy Patchwork. Indeed, some state enforcers already have criticized this legal framework of privacy rights as inadequate. Prediction No.

Privacy 52

Privacy Marketing Marketing Advertising 52