We have previously written about the United States District Court for the Northern District of California’s (the “District Court”) dismissal of the plaintiffs’ complaint in Fields v. Twitter, Inc. We are back to provide an update after the case made its way to the United States Court of Appeals for the Ninth Circuit (the “Appellate Court”). The Appellate Court filed an Opinion on January 31, 2018, in which it affirmed the District Court’s dismissal of the plaintiffs’ claims.… Continue Reading
In 2017, the Indiana Commission on Judicial Qualifications (the “Commission”) issued an advisory opinion that the conveyance of information via microblogging platforms, such as Twitter, does not constitute prohibited “broadcasting” under Rule 2.17 of the Code of Judicial Conduct. Under Rule 2.17, judges are required to prohibit the broadcasting of courtroom proceedings to the public except under a narrow set of circumstances. Although this issue may seem geographically limited at first glance, courts and commissions around the country are considering this issue as microblogging activity becomes more prevalent.… Continue Reading
On March 8, 2017, federal Judge Sidney Fitzwater, of the North District of Texas, issued a memorandum opinion and order in Charalambopoulos v. Grammer, No. 3:14-CV-2424-D, 2017 WL 930819. The case had already been in litigation for years and involved allegations of domestic violence and defamation. According to earlier opinions issued in Charalambopoulos, the parties had been staying in Houston, Texas where the defendant – a reality television star and former wife of Kelsey Grammer – was undergoing cancer treatment. The parties, who were dating at the time, got into an argument at their hotel during the trip. … Continue Reading
This year seems to have started off in much the same way as 2016 ended. Celebrities, politicians, and everyday people have flocked to social media to provide their commentary on everything from global crises to envelope sagas.
Towards the end of 2016, Twitter announced that no person is above their policies, particularly in respect of hate speech, and threatened to remove Donald Trump’s verified account if the President continued to violate them. But what exactly do the Twitter policies say?… Continue Reading
Social media users have a new demand for 2017 – they want the ability to edit their public messages. Spelling mistakes, missing words and misplaced pronouns can have embarrassing, unintended and sometimes dangerous consequences. The ability to edit one’s message is an attractive feature. This request has led some users on the social media platform Twitter to ask its CEO when an edit function would be introduced.… Continue Reading
Earlier this year, we discussed that a National Labor Relations Board (NLRB) administrative law judge found that an employee’s tweets could be considered protected “concerted activity” in Chipotle Services LLC d/b/a Chipotle Mexican Grill. As a reminder, the administrative law judge determined that portions of Chipotle’s outdated Social Media Code of Conduct policy violated the U.S. National Labor Relations Act (NRLA). The judge also found that Chipotle’s request that the employee remove his Twitter posts (i.e. “tweets”) also violated the NLRA. On August 18, 2016, a three-member panel of the National Labor Relations Board (NLRB) affirmed that Chipotle’s … Continue Reading
In an earlier blog post this year, we covered Authentication on Social Media Platforms and the need for businesses to authenticate their social media accounts to protect their brand, credibility, reputation and accountability while advertising or otherwise engaging with their customers in the online space.
Various social media platforms offer the blue “verified” badge in order to help users more easily find public figures and brands, and protect these profiles from the high likelihood of impersonation. The blue badge verifies or authenticates the account as belonging to public figures, celebrities, government, businesses or their brands. While Facebook allows users to … Continue Reading
On August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at a law enforcement training center in Amman, Jordan. Fields and Creach were murdered at the hands of Anwar Abu Zaid, a Jordanian police captain who was inspired to commit the act after watching the ISIS execution of the Jordanian pilot Maaz al-Kassasbeh via … Continue Reading
The answer depends on who you are: For consumers there is little risk involved. Companies, however, did receive letters by the German Olympic Committee in recent weeks warning them about stealing intellectual property, similar to the letters send by the United States Olympic Committee. In particular Twitter accounts should not reference any Olympic results, share or re-tweet anything from the official Olympic account, or use official hashtags including #Rio2016 or #Team.… Continue Reading
With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes.
The International Olympic Committee (IOC) and the Canadian Olympic Committee (COC) have long been aggressive in enforcing illicit use of the term “Olympics”, the five rings and the other associated Olympic Marks. See “Olympic and Paralympic Marks Schedule 1. Olympic and Paralympic Marks Act. S.C. 2007, c. 25. To this end, Canada, along with all other countries who have ever hosted an Olympic game, have created special legislation prohibiting … Continue Reading
What does brand protection have to do with cybersecurity? A study earlier this year demonstrates the connection.… Continue Reading
With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space is ever expanding. Statistics from a report commissioned by the Interactive Advertising Bureau of Canada, however, show that marketers only spend between 2% and 8% of their total ad budget on internet video and mobile internet advertising, respectively.… Continue Reading
According to the Trademark Trial and Appeal Board (“TTAB”), only social media platforms like Twitter, Facebook, and LinkedIn will be able to register a trademark for the service of providing an online community.… Continue Reading
As we discussed in a recent post, “Social media overload”, social media has grown exponentially over the past decade and has caused businesses to change how they operate and how they make decisions. Social media has quickly become one of the most important marketing platforms, providing a convenient way for companies to reach broad audiences. … Continue Reading
On March 14, 2016, the popular chain, Chipotle Mexican Grill, was found to have violated the National Labor Relations Act (NLRA) when it asked an employee to delete posts on his Twitter account about the company.
Specifically, in Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a National Labor Relations Board (NLRB) administrative law judge determined that that the employee’s “tweets” constituted protected activity.… Continue Reading
The explosion of social media in the past decade has caused a major shift in the way we conduct our affairs. In particular, businesses have been required to adapt to new ways of communicating with their clients. At a rate of thousands of social media applications surfacing each month, and new legal issues surrounding the use of social media, it can feel overwhelming, especially for new businesses. … Continue Reading
Diving head first into the deep end, the Trademark Trial and Appeal Board (“TTAB”), recently decided whether a chef’s application to register “JAWS” for an online cooking channel should sink or swim. In re Mr. Recipe, LLC.
The precedential decision is useful for anyone wishing to learn more about the role that a famous trademark, such as the JAWS® film name in this case, can play in the “likelihood of confusion” analysis at the US Patent and Trademark Office.… Continue Reading
The Securities and Exchange Commission (“SEC”) adopted the final rules of Regulation Crowdfunding (the “Regulation”) on October 30, 2015. While the final rules have been adopted, they do not become effective until May 16, 2016. The Regulation is meant to expound upon Sections 4(a)(6) and 4A of the Securities Act of 1933 (the “Act”), both of which provide limited exemptions from registering securities under the Act when a company sells securities by crowdfunding. Crowdfunding occurs when a large group of investors combines resources to support a third party’s efforts to reach a goal. Crowdfunding activities have become more popular … Continue Reading
Social media platforms enable users to profit from their brand and original works such as photos, videos, articles and various “mash ups”. Their brand and content may be protected by trademarks and copyrights and users may generate thousands of postings to build an extensive intellectual property portfolio. A user may develop a popular brand for their curated content across multiple platforms such as web, Instagram, Snapchat, Twitter, YouTube, with their creative posts generating significant goodwill and revenue. Companies pay popular users to reach target audiences instantaneously and effectively with authentic content of pictures, videos, blogs and other derivative works. This … Continue Reading
Engaging with customers online is quickly becoming the norm as consumers increasingly use social media to ask questions, seek customer service, and participate in dialogue with a business or their brand. The use of social media to deliver customer service allows businesses to be at the forefront of our digital age. That said, businesses could be doing more to protect their brands, credibility and accountability over their various social media accounts. Namely, in building or maintaining trust with customers over online communications, businesses must find ways to help customers know they are engaging with the business’ legitimate social media account.… Continue Reading
Social media channels represent an exciting medium to reach out to the public and potential collaborators. Social media can also play an important role in helping generate positive buzz for organizations seeking to develop a market for their products or services. For example, many of today’s companies gauge the depth of market interest in their products not through traditional advertising or focus groups, but rather through leveraging social media, such as communication platforms (e.g., Twitter, WeChat, Facebook), and content sharing platforms (e.g., YouTube, Vine), and crowd-funding platforms (e.g., Kickstarter, Indiegogo, GoFundMe). Some companies are also using open, collaborative approaches to … Continue Reading
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
Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and privacy policies of the various social media websites. Let us break it down for you…
- Will deactivate a deceased’s account on request by a person authorised to act on behalf of the estate or by a verified immediate family member.
- Requires the following information
The U.S. Food and Drug Administration (“FDA”) released two new sets of guidance regarding the use of social media to disseminate information about prescription drugs and medical devices. This guidance supplements years of FDA warning letters and untitled letters sent to manufacturers, packers or distributors in regulated industries (each a “Regulated Entity”). We have previously discussed the FDA letters on this blog.
In the first prong of its social media guidance, the FDA provided new “Twitter Rules.” For Internet and social media platforms with character space limitations (e.g., Twitter, Google AdWords and the paid search results links on Yahoo! and … Continue Reading