Mayura Noordyke (US)

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Advertising on the Internet – What Makes a Disclosure “Clear and Conspicuous”?

Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement.

As we have previously discussed, the FTC has issued Endorsement Guides that provide guidance on appropriate advertising on social media. The FTC has stated that advertising on social media platforms is subject to the same consumer protection laws that prohibit deceptive advertising and that advertising claims must be accompanied by “clear … Continue Reading

Fact Or Fiction: The Fake News Problem

In the few months leading up to the United States election, social media was flooded with articles with sensationalized titles and incendiary content. Many of these “news” stories were fake. They were written for the purpose of swaying public opinion or generating a profit from ad revenue and were often published by sham entities or news websites. Large, popular companies may be the next targets, so this post will describe a few actions companies could take.… Continue Reading

Can You Trademark a Hashtag?

#Yes! In the United States, a hashtag can be trademarked if it serves a source-identifying function for the trademark owner’s goods or services.

Hashtags, which started on Twitter as a way for users to follow conversations on particular topics, are words or phrases that follow the pound or hash sign (“#”). Since their inception, hashtags have become a popular way for Internet users to indicate that a post or other piece of content is related to a specific thing – a specific issue, a topic in the news, an event, or even a company or product.… Continue Reading

Social Listening – Are You Ready?

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 particular words, phrases, or brand names in order to connect with the people involved and to leverage those communications in order to promote a brand or business. One part of social listening is monitoring particular instances – a hashtag, an @mention, a Facebook tag, etc. … Continue Reading

We’re back, with our top five social media stories of 2015

The Social Media Law Bulletin is back!We’re back, with our top five social media stories of 2015

The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you a brief summary of some of the most significant social media stories from 2015:

Schrems v Facebook

Facebook earned the top spot in our social media impact list, due to a court ruling that only indirectly affected it. In October 6, 2015, the European Court … Continue Reading

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