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Morrison & Foerster LLP - Social Media

Owned: Second Circuit Holds That Traditional Principles Of Property Law Apply To Social Media Accounts

Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Moritt Hock & Hamroff LLP

14 Years Later: FTC Updates The Endorsement Guides

On June 29, 2023, the Federal Trade Commission (FTC) announced its much anticipated and long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides, which...more

Buckingham, Doolittle & Burroughs, LLC

How to Verify Business Social Media

In today’s digital age, social media has become an integral part of business marketing, customer service, and reputation management strategies. Establishing an authentic online presence is crucial, and one way to enhance...more

Good2bSocial

The Benefits of Investing in Paid Social Media

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Social media makes up a significant portion of today’s marketing activity, with paid social media advertising representing a large chunk of marketing budgets. In fact, in 2022, ad spending on social media reached over $173...more

Faegre Drinker Biddle & Reath LLP

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

Good2bSocial

4 Instagram Accounts of Law Firms Doing It Right

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Instagram is one of the leading social media platforms across the globe, however, due to its emphasis on consumer marketing and its young audience, many legal marketers are hesitant to dedicate time to the platform. If...more

Legal Internet Solutions Inc.

5 Things to Consider When Advertising Attorney Awards

Awards announcements seem to saturate attorney marketing. Although publicizing an award can be a great opportunity to advertise yourself and your firm, it should be done with care and purpose. Keep reading for five things to...more

Hogan Lovells

Influencer marketing, Germany: labelling as advertising in social media posts

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Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more

Hogan Lovells

OLG Frankfurt a. M. zum Influencer-Marketing: Werbekennzeichnung in Social-Media-Posts

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Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more

Foster Garvey PC

Online Travel Update: Tripscout Introduces Instagram Hotel Bookings, and Hopper Brings Flexible Payment Options to Short-Term...

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Last week’s Update features stories on two less frequently used social media platforms – Instagram and Snapchat – and details the brewing battle among banking companies for travel industry legitimacy. I hope you enjoy....more

Spirit Legal

Urheberrechtsreform 2021 Teil 2: Das Urheberrechts-Diensteanbieter-Gesetz (UrhDaG)

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Nach dem Bundestag hat am 28.05.2021 nunmehr auch der Bundesrat den Gesetzesentwurf zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes mit der erforderlichen Mehrheit verabschiedet. Die...more

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

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This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more

Hogan Lovells

German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

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Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such...more

Hogan Lovells

BGH zur Social-Media-Werbung für kostenlos zur Verfügung gestellte Produkte

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Influencer, die von Unternehmen kostenlos Waren bzw. Dienstleistungen erhalten und diese anschließend auf ihrem Social-Media-Kanal verlinken, beispielsweise durch das Setzen eines „Tap Tags“, haben die Beiträge grundsätzlich...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

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Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

ArentFox Schiff

Advertising on Social Media: Key Considerations for Alcohol Brands

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With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform. As most Americans were stuck at home during...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

BakerHostetler

AD-ttorneys@law – November 2020 #3

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FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more

Hogan Lovells

Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

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A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more

Manatt, Phelps & Phillips, LLP

NAD Brings New Kind of Dance ‘Challenge’: TikTok Video-Sharing Tools May Create Liability for Brands

While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) case sheds some light on best practices when engaging influencers to create...more

McAfee & Taft

Navigating the social media maze of copyright

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As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Sheppard Mullin Richter & Hampton LLP

FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC

In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement...more

Manatt, Phelps & Phillips, LLP

Instagram Claims Should Be Discontinued, NAD Recommends

Claims found in an Instagram post about an “on-the-go” dietary supplement should be discontinued, the National Advertising Division (NAD) recommended in a recent decision. The self-regulatory body requested substantiation...more

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