On November 27, 2023, a federal trial court in California ruled on a motion to dismiss a complaint involving a website that included videos and social media features. The court found for the defendant and dismissed the class action complaint
Social media ad leads to punitive damages
On September 28, 2023, a federal trial court in Texas ruled that an advertisement on a restaurant’s social media accounts helped support an award of punitive damages against the restaurant. G&G Closed Circuit Events, LLC v. No Te Levantes Honey
Social media, copyright, and fair use
On August 16, 2023, a federal trial court in Texas ruled on a copyright matter involving a factual video that went viral on social media. At the motion to dismiss stage, the issue the court faced was whether the affirmative
Electric cooperative, internet service, and social media
On July 14, 2023, a federal trial court in Oklahoma ruled on an electric cooperative’s motions to dismiss various breach of contract, trade secret, deceptive trade practices, and tortious interference claims brought by its former business collaborator, an internet service
Models’ photos on social media – Second Circuit rules for defendants
On May 19, 2023, the Court of Appeals for the Second Circuit ruled in favor of defendants in a trademark matter involving unauthorized use of models’ photographs. Souza v Exotic Island Enterprises, Inc., Dkt. No. 21-2149-cv (2d Cir. May
Misappropriation of confidential information
On February 8, 2023, a federal trial court in New Jersey ruled that login credentials were a trade secret and also addressed the concept of “misappropriation of confidential information,” in a case where one party was accused of locking the
Photo backgrounds and copyright infringement
Many companies post photos on social media in order to promote their businesses. A recent federal court ruling demonstrates how simple it is to become subject to a copyright infringement lawsuit because of the background of the photo. (Petersen
Photos and Social Media
We have previously written on how expensive it can be to copy photos found on social media and use them for commercial purposes, as a result of copyright infringement claims. On October 3, 2022, the Ninth Circuit explored a few
Influencer’s location = jurisdiction for tortious interference case
On August 5, 2022, a federal trial court in Ohio ruled that the location of a social media influencer meant that jurisdiction was proper for a tortious interference with contract lawsuit brought against the influencer and alleged interferers, even though one of the defendants had only been to Ohio once, five years ago. EHPLabs Research, LLC, v. Smith, No. 5:22CV0653 (N.D. Ohio, Aug. 5, 2022) (2022 WL 3139604). Although the matter is at the motion-to-dismiss stage, it provides some good takeaways for anyone entering into arrangements with social media influencers.
FTC on crypto scammers and plans to modernize guidance to prevent digital deception
As a follow up to our previous posts on digital assets and social media, the Federal Trade Commission recently published a Consumer Protection Data Spotlight on June 3, 2022. In the post, the FTC provides insights on the fraud reports submitted to the FTC from January 1, 2021 to March 31, 2022. According to the FTC, the fraud reports show that social media and digital assets are a “combustible combination for fraud” with nearly half of those who reported losing cryptocurrency to a scam saying that it “started with an ad, post, or message on a social media platform.” Since the start of 2021, more than 46,000 people reported losing over $1 Billion of cryptocurrency to scams, and during the reporting period, nearly four out of every ten dollars that was lost to a fraud that originated on social media was lost in crypto. This report is another example of agencies and courts taking note, and informing the public that the connection between social media and digital asset fraud is direct, and significant.