Tag archives: Social media

Marketing in the Metaverse facing regulatory limbo

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever-growing and immersive network of technologies, the metaverse attempts to close the gap between society and the media that serves as its vehicle. As it exists … Continue reading

Bears and bulls and social media

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
The pandemic brought about a shift in how investments are discussed online and has increased the influence social media has on the market. Social media is playing a larger role in the way ordinary retail investors understand and interact with today’s markets. Whether with investments in cryptocurrencies, NFT projects, or traditional security exchanges, social media’s … Continue reading

Florida’s proposed social media platform law: Is your company a social media platform?

Photo of Meg Tierney (US)Photo of Timothy Chung (US)By Meg Tierney (US) and Timothy Chung (US) on Posted in General
On May 23, 2022, the Eleventh Circuit upheld an injunction on parts of Florida’s controversial social media “censorship” law, S.B. 7072, in NetChoice, LLC v. Att’y Gen., Fla.  In a 67-page opinion, the three-judge panel held that large swaths of the law’s provisions were unconstitutional, finding that social media companies are private actors and government … Continue reading

Bill C-18: Proposed legislation requiring digital media platforms to compensate Canadian media outlets for news content

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
On April 5, 2022, the Canadian Heritage Minister, Pablo Rodriguez, tabled Bill C-18 (Online News Act): An Act respecting online communications platforms that make news content available to persons in Canada.  Bill C-18 requires digital media platforms (e.g., social media services, search engines) to compensate media outlets for news content made available on their platforms.  … Continue reading

Making a splash in new markets is not always risk free

Photo of Stephanie Schmidt (US)By Stephanie Schmidt (US) on Posted in Trademark
Frogbikes Limited (“Frogbikes”), a British bicycle manufacturer, has filed suit in U.S. District Court for the Northern District of Georgia claiming that defendant Frog Scooters, Inc. (“Frog Scooters”) has infringed Frogbikes’ “FROG” trademarks (the “FROG Marks”) with the use of the term “frog” and its stylized “Frog” mark in connection with its scooter rental business. … Continue reading

IOSCO, finfluencers, and social media

Photo of Susan Ross (US)Photo of Paul Guirguis (US)By Susan Ross (US) and Paul Guirguis (US) on Posted in Fraud
In December 2021, our post Federal Reserve and social media, highlighted sections of the Federal Reserve Financial Stability Report which demonstrated the Fed’s focus on the role of social media and retail investors in equity market volatility.  In March 2022, the Board of the International Organization of Securities Commissions (IOSCO) followed suit, and also turned … Continue reading

Bill C-11: Proposed legislation to regulate social media and streaming companies is back in Canada

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
In June of 2021, Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-10). Bill C-10 was drafted in response to recommendations made by the Broadcasting and Telecommunications Legislative Review Panel suggesting reforms of Canada’s broadcasting system to account for digital … Continue reading

Justice Thomas suggests social media regulation may be close

Photo of Lindsay Weinstein (US)By Lindsay Weinstein (US) on Posted in General
In December 2021, our post Increased Likelihood of US Social Media Regulation discussed the rising momentum to reform Section 230 of the 1996 Communications Decency Act, which is often used to protect social media giants from liability for content posted on their platforms by third parties. Recently, U.S. Supreme Court Justice Clarence Thomas expressed displeasure … Continue reading

Nikola Corporation agrees to pay $125 million to settle SEC investor fraud case

Photo of Susan Ross (US)By Susan Ross (US) on Posted in General
In December 2021, the Securities and Exchange Commission (“SEC”) announced that Nikola Corporation (“Nikola”) agreed to pay $125 million to settle charges that the company allegedly defrauded investors and misled them about its products, technical advancements, and commercial prospects. Nikola did not admit or deny the SEC’s findings.   Earlier that same year, the SEC filed … Continue reading

Think using common terms on social media posts is no sweat? Think again.

Photo of Stephanie Schmidt (US)By Stephanie Schmidt (US) on Posted in Trademark
On November 11, 2021, fitness-tech company iFIT, Inc. (“iFIT”) filed a complaint in the U.S. District  Court for the district of Utah, claiming that lingerie and beauty retailer Victoria’s Secret infringed upon its registered SWEAT trademarks by prominently using “SWEAT” in its social media promotions for its fitness apparel and services.… Continue reading

Federal Reserve and social media

Photo of Susan Ross (US)Photo of Paul Guirguis (US)By Susan Ross (US) and Paul Guirguis (US) on Posted in General
In November of 2021, the Board of Governors of the Federal Reserve (the “Fed”) issued its Federal Reserve Financial Stability Report, a biannual report focused on potential risks to the financial system.  In this issue, the Fed highlighted the role of social media and retail investors in equity market volatility.… Continue reading

Positively negative: Lack of social media helps defeat default judgment motion

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Trademark
On November 2, 2021, a federal trial court in New York issued an opinion that combined breakfast restaurants, social media, trademarks, and COVID.  The judge ultimately ruled against the registered trademark owner’s request for a default judgment, in part based upon the defendant’s lack of social media advertising.  BYC, Inc. v. Broken Yolk, civ. no. … Continue reading

Proposed Canadian law to regulate social media companies and streaming giants

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
In late June of 2021, Members of Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. The Bill proposes to subject social media platforms and streaming services, collectively described in the Bill as ‘online undertakings’, to requirements similar to those imposed on … Continue reading

Social media – trademarks, accounts, and names

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Trademark
On March 4, 2021, a federal trial court in New York issued a preliminary injunction that halted a bridal gown designer and social media influencer from using her social media accounts without her former employer’s permission. JLM Couture, Inc. v. Gutman, No. 20 CV 10575-LTS-SLC (S.D.N.Y. March 4, 2021) (2021 WL 827749).… Continue reading

Bill S-225: Proposed Canadian legislation to have social media pay news media

Photo of Colin Hyslop (CA)By Colin Hyslop (CA) on Posted in Copyright
Across the world, as digital companies’ advertising revenues climb, traditional news organizations’ revenues fall. As a result, many traditional news organizations, like broadcasters and newspapers, are going out of business. The public’s appetite for journalism, however, has not waned. If anything, the public needs reliable news sources more than ever in this era of “fake … Continue reading

Social media copyright infringement: International small claims in Canada

Photo of Colin Hyslop (CA)By Colin Hyslop (CA) on Posted in Copyright
In the last month of 2020, Canadian courts decided two proceedings involving alleged copyright infringement and social media platforms. Both proceedings were small scale and involved foreign copyright holders. One proceeding was heard by the British Columbia Civil Resolution Tribunal (BCCRT) and the other was heard by the Federal Court of Canada (FC) under its … Continue reading

CEO’s social media posts about former employee actionable as defamation

Photo of Phil Di Tullio (US)By Phil Di Tullio (US) on Posted in Employment and labor
The California court of appeals recently allowed a defamation claim to proceed against a company’s CEO for libelous social media posts made about a former employee after her termination. According to her complaint, the employee had been the company’s only female senior executive during her tenure. Following a brief, rocky stint with the company, the … Continue reading

The risks of relying on social media income

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
The COVID-19 pandemic has forced many of us to adjust our usual work-life balance. Rather than maintaining the strict division between home and office, individuals have adapted to a new hybrid lifestyle, combining all under one roof. This new lifestyle has afforded many people with additional free time that would otherwise be spent commuting to … Continue reading
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