Tag archives: Twitter

U.S. Supreme Court ended battle concerning President Trump’s blocking of individuals on Twitter

Photo of Joy Wang (US)By Joy Wang (US) on Posted in General
Introduction The U.S. Supreme Court recently ended the legal battle between former President Donald Trump and individuals whom Mr. Trump had blocked on Twitter, by granting the government’s petition for a writ of certiorari filed when Mr. Trump was still the President, vacating the Second Circuit’s judgment against Mr. Trump, and remanding the case with … Continue reading

Update: social media and the Anti-Terrorism Act

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
We have previously written about the United States District Court for the Northern District of California’s (the “District Court”) dismissal of the plaintiffs’ complaint in Fields v. Twitter, Inc. We are back to provide an update after the case made its way to the United States Court of Appeals for the Ninth Circuit (the “Appellate … Continue reading

Use of Twitter to Broadcast Courtroom Proceedings

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Litigation, Social media policies
In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public … Continue reading

Expert Witnesses May (Still) Be Used in U.S. Litigation to Explain Basic Social Media Use

Photo of Sean Topping (US)By Sean Topping (US) on Posted in Defamation, Litigation
On March 8, 2017, federal Judge Sidney Fitzwater, of the North District of Texas, issued a memorandum opinion and order in Charalambopoulos v. Grammer, No. 3:14-CV-2424-D, 2017 WL 930819. The case had already been in litigation for years and involved allegations of domestic violence and defamation.  According to earlier opinions issued in Charalambopoulos, the parties … Continue reading

Twitter and hate speech policy

Photo of Sinal Govender (SA)By Sinal Govender (SA) on Posted in General
This year seems to have started off in much the same way as 2016 ended. Celebrities, politicians, and everyday people have flocked to social media to provide their commentary on everything from global crises to envelope sagas. Towards the end of 2016, Twitter announced that no person is above their policies, particularly in respect of … Continue reading

The edit button: can the past be erased?

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Defamation, Privacy
Social media users have a new demand for 2017 – they want the ability to edit their public messages. Spelling mistakes, missing words and misplaced pronouns can have embarrassing, unintended and sometimes dangerous consequences.  The ability to edit one’s message is an attractive feature.  This request has led some users on the social media platform … Continue reading

Not all employee complaints on Twitter are concerted activity

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Employment and labor
Earlier this year, we discussed that a National Labor Relations Board (NLRB) administrative law judge found that an employee’s tweets could be considered protected “concerted activity” in Chipotle Services LLC d/b/a Chipotle Mexican Grill.  As a reminder, the administrative law judge determined that portions of Chipotle’s outdated Social Media Code of Conduct policy violated the … Continue reading

Twitter Update: Go get your business account verified (…if you haven’t already)

By NRF Digital Team on Posted in General
In an earlier blog post this year, we covered Authentication on Social Media Platforms and the need for businesses to authenticate their social media accounts to protect their brand, credibility, reputation and accountability while advertising or otherwise engaging with their customers in the online space. Various social media platforms offer the blue “verified” badge in … Continue reading

Did Twitter violate Anti-Terrorism Act by providing ISIS accounts?

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General, Litigation
On August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at … Continue reading

Germany: Can you be sued for tweeting #Rio2016?

Photo of Sven Jacobs (DE)By Sven Jacobs (DE) on Posted in Trademark
The answer depends on who you are: For consumers there is little risk involved. Companies, however, did receive letters by the German Olympic Committee in recent weeks warning them about stealing intellectual property, similar to the letters send by the United States Olympic Committee. In particular Twitter accounts should not reference any Olympic results, share … Continue reading

Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

By NRF Digital Team on Posted in Trademark
With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee (IOC) and the Canadian Olympic Committee (COC) have long been aggressive in enforcing illicit use of the term “Olympics”, the five rings … Continue reading

Recent changes to advertising on social media platforms

By NRF Digital Team on Posted in General
With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space … Continue reading

Rise of the social media bots

Photo of Mayura Noordyke (US)By Mayura Noordyke (US) on Posted in Fraud, General
As we discussed in a recent post, “Social media overload”, social media has grown exponentially over the past decade and has caused businesses to change how they operate and how they make decisions. Social media has quickly become one of the most important marketing platforms, providing a convenient way for companies to reach broad audiences.… Continue reading

Asking employee to delete Twitter posts can be unlawful

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Social media policies
On March 14, 2016, the popular chain, Chipotle Mexican Grill, was found to have violated the National Labor Relations Act (NLRA) when it asked an employee to delete posts on his Twitter account about the company. Specifically, in Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a National Labor Relations Board … Continue reading

A recipe for confusion: TTAB denies registration of “JAWS” for online cooking show

Photo of Andrea Shannon (US)By Andrea Shannon (US) on Posted in Trademark
Diving head first into the deep end, the Trademark Trial and Appeal Board (“TTAB”), recently decided whether a chef’s application to register “JAWS” for an online cooking channel should sink or swim. In re Mr. Recipe, LLC. The precedential decision is useful for anyone wishing to learn more about the role that a famous trademark, … Continue reading

Crowdfunding: Advertising an offering’s terms on social media

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in General
Background The Securities and Exchange Commission (“SEC”) adopted the final rules of Regulation Crowdfunding (the “Regulation”) on October 30, 2015. While the final rules have been adopted, they do not become effective until May 16, 2016. The Regulation is meant to expound upon Sections 4(a)(6) and 4A of the Securities Act of 1933 (the “Act”), … Continue reading

Authentication on social media platforms

By NRF Digital Team on Posted in Fraud, Trademark
Engaging with customers online is quickly becoming the norm as consumers increasingly use social media to ask questions, seek customer service, and participate in dialogue with a business or their brand. The use of social media to deliver customer service allows businesses to be at the forefront of our digital age. That said, businesses could … Continue reading

Social Media & IP Enforceability

Photo of Brian Chau (CA)By Brian Chau (CA) on Posted in Copyright, Patent, Trademark
Social media channels represent an exciting medium to reach out to the public and potential collaborators. Social media can also play an important role in helping generate positive buzz for organizations seeking to develop a market for their products or services.  For example, many of today’s companies gauge the depth of market interest in their … Continue reading

Social Listening – Are You Ready?

Photo of Mayura Noordyke (US)By Mayura Noordyke (US) on Posted in General, Privacy
One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading

Social media: What happens to your account when you die?

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General, Social media policies
Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social … Continue reading
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