Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
- - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of PublicityA federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis... ›
- - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, Litigation
Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic
By: Anthony M. Ramirez
A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content could be sentenced to... › What’s in a (User)Name?
By: Aaron P. Rubin
As consumers increasingly communicate and interact through social media platforms, courts have had to grapple with how to apply existing laws to new ways of communicating, as well as disseminating and using content. Sometimes, however, traditional legal standards apply to these new platforms in... ›YouTube disallows ads on anti-vax content; privacy bills aim to extend children’s protections from Internet harm, secure users’ control over data
By: Julie O'Neill
New York is now one of the 43 states where “revenge porn,” the posting of explicit photographs or videos to the Internet without the subject’s consent, is punishable by law. See how far the states have come – find out how many had criminalized... ›Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”
By: Aaron P. Rubin
In what is being described as “ the first settlement to deem such sales illegally deceptive ,” New York Attorney General Letitia James has entered into a settlement with a company that had been selling fake followers, likes and views on several social media platforms.... ›Social Links: Laws affecting politicians using Twitter & tourists taking photos; the GDPR takes effect; lost Bitcoins
By: Aaron P. Rubin
Finding that President Trump’s Twitter feed constitutes a public forum, a federal judge in New York City held that it’s a First Amendment violation when the President or one of his assistants blocks a Twitter user from viewing or responding to one of the... ›German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting
A recent German Federal Court of Justice decision may have a significant impact on content providers’ business models. Offering software that allows users to block advertising does not constitute an unfair commercial practice. Even providing advertisers with the option to pay for showing certain... ›- - Advertising, Endorsement Guides, Electronic Contracts, Influencer Marketing, Marketing, Privacy, Social Media Policy, Event, User-Generated Content, Compliance, Online Endorsements
Social Media 2018: Addressing Corporate Risks
As Socially Aware readers know, social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s legal risks at Practising Law Institute’s (PLI) 2018 Social Media conference, to be held in San... › - - Advertising, Blockchain, Internet of Things, Patent, European Union, Privacy, UK, Copyright, Section 230 Safe Harbor, IP, Litigation
2018: Predictions From Socially Aware’s Editors and Contributors
By: Aaron P. Rubin
Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of... › Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures
By: Julie O'Neill
With much fanfare , the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse. Recurring enforcement actions and guidance—and the FTC’s ongoing promotion of its... ›