Posted in CopyrightOn March 15, 2019, a federal trial court judge ruled in favor of famous golfer Jack Nicklaus’ company in a case that may be of interest to copyright and trademark owners. (Nicklaus Cos. LLC. v. Bryan Hepler Golf LLC, No. CV-18-01748-PHX-ROS (D. Ariz. March 15, 2019) (2019 WL 1227198).) The case began in a way … Continue reading
Posted in DefamationOn Thursday, December 15, 2016, President Obama signed into law H.R. 5111, now officially titled the “Consumer Review Fairness Act of 2016.” The substantive provisions of the bill, which we discussed in a previous post, are virtually unchanged, but the law’s text provides further details regarding enforcement by the Federal Trade Commission and the states. … Continue reading
Posted in LitigationService of process on a foreign defendant can be a major headache for U.S. plaintiffs, but social media is proving to be a creative solution when traditional methods have been demonstrated to fail. We previously covered a New York federal court’s ruling that permitted the Federal Trade Commission to serve the Indian defendants, operating under … Continue reading
Posted in Privacy, Social media policiesOn May 8, 2014, the US Federal Trade Commission (FTC) proposed for public comment its draft complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. (See our previous posting here.) The FTC’s complaint claimed that Snapchat violated federal law (Section 5 of the FTC Act) with the … Continue reading
Posted in FraudIn this age of social media, companies and brands have faced countless criticisms for their lack of transparency, copyright infringements disguised in the form of “flattery or inspiration” and we can’t forget the many inclusivity flops. Brands, including beauty brands, are now dedicating more of their marketing budgets to paying influencers for their “honest” reviews … Continue reading
Posted in Employment and labor, Social media policiesIn 2019 new California laws require a close review and revision of corporate social media policies. … Continue reading
Posted in Employment and labor, Social media policiesThe use of social media by employees is as fraught as it is widespread, and creates tremendous legal risk for the employer. Indeed, employers are wise to require adherence to a thorough policy regarding employee use of social media both inside and outside of work. The best policies will aim to sidestep potential legal landmines … Continue reading
Posted in GeneralOn September 7, 2017, the U.S. Federal Trade Commission (FTC) announced that it had entered into a proposed consent agreement with two individuals and their company that allegedly ran an online gaming community website that allowed users to gamble virtual currency. According to the FTC complaint, the two individuals promoted the gaming site and not … Continue reading
Posted in Privacy, Security, Social media policiesWe had previously written about the U.S. Federal Trade Commission’s proposed complaint and consent with mobile messaging service Snapchat, best known for promoting its “ephemeral” photo messaging site. The FTC alleged the Snapchat violated the Federal Trade Commission Act through six false or deceptive acts or practices, including Snapchat’s claim that messages can “disappear forever.” … Continue reading
Posted in Social media policiesCompanies frequently try to engage customers through social media in a variety of ways, including contests that involve photos of the companies’ products and brands. Fashion design company Cole Haan was investigated by the Federal Trade Commission (FTC) regarding a contest that asked contestants to pin five shoe photos from Cole Haan’s “Wandering Sole” Pinterest … Continue reading
