Susan Ross (US)

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Misappropriation of confidential information

By Susan Ross (US) on March 14, 2023 Posted in General

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 other party out of its own social media pages. CLI Interactive, LLC v. Diamond Phil’s, … Continue reading

Photo backgrounds and copyright infringement

By Susan Ross (US) on January 5, 2023 Posted in Copyright

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 v. Diesel Power Gear LLC, No. 1:21-cv-08827 (SDA) (S.D.N.Y. Dec. 21, 2022) (2022 WL 17832314).) Background … Continue reading

Photos and Social Media

By Susan Ross (US) on October 19, 2022 Posted in Copyright

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 more copyright issues, specifically: who can bring the lawsuit, who controls social media pages, and … Continue reading

Influencer’s location = jurisdiction for tortious interference case

By Susan Ross (US) on August 16, 2022 Posted in General

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, … Continue reading

FTC on crypto scammers and plans to modernize guidance to prevent digital deception

By Susan Ross (US) and Paul Guirguis (US) on June 15, 2022 Posted in Fraud

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 … Continue reading

Social media and difficulties of a TRO in defamation actions

By Susan Ross (US) on May 5, 2022 Posted in Defamation

Companies—especially those based outside the U.S.—sometimes ask why it is so difficult to bring a lawsuit based on something posted on social media. A recent federal court case from California can help show how courts view these actions. Prehired, LLC, v. Provins, No. 2:22-cv-00384-TLN-AC (E.D. Cal. April 12, 2022) (2022 WL 1093237).… Continue reading

Social media and cryptocurrency fraud

By Susan Ross (US) and Paul Guirguis (US) on March 15, 2022 Posted in Fraud

Creators of fraudulent crypto assets beware. A recent court decision supported investors, creators and marketers of legitimate crypto assets, and the integrity of the crypto asset market as a whole. While the creator of BitConnect remains at large and is facing his own indictment for his role in the scheme that allegedly defrauded investors of … Continue reading

Social Media and Jurisdiction under FRCP 4(k)(2

By Susan Ross (US) on September 21, 2021 Posted in Litigation

On August 27, 2021, the federal Ninth Circuit Court of Appeals ruled in an international trademark dispute where U.S. jurisdiction hinged on Federal Rule of Civil Procedure 4(k)(2). Reversing the trial court, the Ninth Circuit ruled that personal jurisdiction existed over an Australian skin care product company, based in part on that company’s actions on … Continue reading

Social media, trademark settlement, breach of contract, and “material” violations

By Susan Ross (US) on July 8, 2021 Posted in Trademark

If you entered into a trademark settlement agreement where one party agreed not to use your registered trademark and then that party proceeded to use a very similar term on social media, is that a “violation” or a “material violation” of the agreement? The answer is important because it determines whether you can get summary … Continue reading

Social media apps, CDA § 230, and products liability

By Susan Ross (US) and Cassandra Gizzo (US) on May 10, 2021 Posted in General

On May 4, 2021, the Ninth Circuit reversed the district court’s judgment for Snap, Inc., owner of the mobile application Snapchat, in a case brought by the parents of two teenage boys tragically killed in a car accident. The parents claimed that Snap, Inc. caused the death of their sons through its negligent design of … Continue reading

Social media and Satan: pitfalls of losing control of brand social media accounts

By Susan Ross (US) on April 16, 2021 Posted in Trademark

Be careful whom you entrust with administrator access to your brand’s social media accounts. If an administrator does use your brand’s social media accounts beyond their permitted use, you should formally revoke their authority to access the accounts to allow potential legal action based on their unauthorized use after the revocation.… Continue reading

Social media and the Computer Fraud and Abuse Act

By Susan Ross (US) on February 2, 2021 Posted in General

Given all the recent headlines about data theft as well as a resurgence of interest in the Computer Fraud and Abuse Act (CFAA), a December 18, 2020 ruling from a federal trial court in Colorado may be of interest to our readers. MCS Safety Solutions, LLC v. Trivent Safety Consulting, LLC, No. 19-cv-00938-MEH (D. Colo. … Continue reading

Social media, photographs, and fair use

By Susan Ross (US) on December 2, 2020 Posted in Copyright

We have previously written about the lawsuits that can result from unauthorized uses of photographs, but on November 2, 2020, a federal trial court in New York issued a ruling regarding use of a photo from a social media site that was “fair use” under the copyright laws. (Boesen, v. United Sports Publications, Ltd., 20-CV-1552 … Continue reading

Social media, photos, privacy, and conversion

By Susan Ross (US) on October 1, 2020 Posted in General

There seem to be a lot of questions lately about the use of photographs on social media, so a recent federal court case may be of interest in raising some risks you may not have contemplated. The case involves some photos that professional models had posted to their social media pages, which they alleged had … Continue reading

Social media gaming celebrity and breach of contracts

By Susan Ross (US) and Eva Yang (US) on August 4, 2020 Posted in General

On June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).)… Continue reading

FTC, celebrity influencers, and health claims

By Susan Ross (US) on June 17, 2020 Posted in General

As the world struggles to move forward, our thoughts and support are with our readers and we hope for their good health and improving situations. Today’s post involves an FTC settlement that was announced just as New York was going into “lockdown” mode and so we wanted to make sure it did not escape your … Continue reading

Solar Energy, Trade Secrets, and Unfair Competition

By Susan Ross (US) on February 4, 2020 Posted in Copyright

On January 13, 2020, a solar energy sales lead generation company settled a federal lawsuit against several defendants, including a former employee. Both the initial complaint and settlement described the important role of social media to the business. (Solar Connect, LLC v. Endicott, Case No. 2:17-cv-01235 (D. Utah Jan. 13, 2020) (stipulated permanent injunction).… Continue reading

Social media influencers and FTC disclosures

By Susan Ross (US) on December 5, 2019 Posted in General

On November 4, 2019, the U.S. Federal Trade Commission (“FTC”) issued guidance for social media influencers to help them comply with FTC requirements relating to endorsements and disclosures. We have previously covered FTC action and guidance (including advisory letters) in this area, but the FTC has refined and updated its advice a bit:… Continue reading