Fictitious social media profiles under the Lanham Act
On November 7, 2013, the United States District Court for the Western District of Virginia issued its opinion in AvePoint Inc. v. Power Tools, Inc., a case that, at least in part, has fortified the...
View ArticleIP enforcement via takedown notices
According to a January 22, 2014 ruling from the U.S. District Court for the Northern District of California, an incorrectly-chosen takedown notice may constitute a violation of the Digital Millennium...
View ArticleMobile/ Facebook game developers face off in CANDY mark dispute
Our readers are probably familiar with a game that can be played on Facebook or on a mobile device known as CANDY CRUSH SAGA. Also available on Facebook and on mobile devices is another game called...
View ArticleUpdate – CANDY Mark Dispute
We have written previously about the trademark dispute in the US between King.com Limited and Runsome Apps Inc., the creators of the mobile/social media/web games “Candy Crush Saga” and “CandySwipe,”...
View ArticleGoogle – Hanginout in court
In November 2013, Hanginout, Inc. (“Hanginout”) filed a lawsuit against Google Inc. (“Google”) alleging, among other things, that Google had infringed on Hanginout’s HANGINOUT mark. Hanginout, a...
View ArticleFacebook de-friends FriendBook
A trade mark application for ‘FriendBook’ has been refused by the Australian Trade Marks Office, following a successful opposition from Facebook. Australian company Northsword Pty Ltd filed an...
View ArticleFacebook blocks Facemba
In September, we blogged on the successful opposition by Facebook to a trade mark registration in Australia for ‘Friendbook’. Facebook has had further success in the Australian Trade Marks Office,...
View ArticleBeware of counterfeit advertisements on social media
Despite the efforts of brand owners and entities providing online advertising space to police against counterfeit goods, advertisements for counterfeit goods on social media continues to be a recurring...
View ArticleConsumer confusion with marketing on social media
Social media often serves as a powerful mechanism that trademark owners can employ to promote and expand their brands, but a case currently pending in the Southern District of California illustrates...
View ArticleLegal considerations for social network APIs
An application programming interface (API) is a library or structured set of software tools that provides an interface to a backend software platform, such as a social networking platform, without...
View ArticleSocial media – Lessons learned from 2015
Our Top Five stories from 2015 also provide some “lessons learned” or considerations for companies who are considering using social media in 2016: Know what data you are collecting and where it is...
View ArticleSocial media stars and IP empires
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...
View ArticleUK MPs consider social media terms & conditions too complex
A recent report by the Science and Technology Committee (a UK parliamentary select committee) on the Responsible Use of Data (the Report) concludes that online terms and conditions for the use of...
View ArticleTo our Social Media Law Bulletin subscribers
Our Social Media Law Bulletin team has been contributing articles on legal issues in social media since 2012. The blog has gained a reputation for timely and substantive content. We appreciate your...
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We’re back, with our top five social media stories of 2015
The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you...
View ArticleSocial media – Lessons learned from 2015
Our Top Five stories from 2015 also provide some “lessons learned” or considerations for companies who are considering using social media in 2016: Know what data you are collecting and where it is...
View ArticleSocial Listening – Are You Ready?
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...
View ArticleHacked private messages used in court
A South African high court recently ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as...
View ArticleSocial Media & IP Enforceability
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...
View ArticleSocial engineering fraud
What is social engineering fraud? Social engineering fraud is defined as the art of influencing people to disclose sensitive information or granting the fraudster unauthorized access. As opposed to...
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