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”
Latest from Social Media Law Bulletin
Federal Reserve and social media
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
Increased likelihood of US social media regulation
There is momentum to reform part of the 1996 Communications Decency Act that shields social media platforms from liability for third-party posts.
Employer’s tweet may be unfair labor practice
Can a tweet be an unfair labor practice? On November 10, 2021, the Third Circuit Court of Appeals entertained oral arguments to determine just that. The tweet at issue: “[F]irst one of you tries to unionize I swear I’ll send
Social media regulation on the horizon: how should your business prepare?
Big changes are coming to social media. No, we are not referring to the rise of “super apps” or Facebook’s retreat from the facial recognition space. This time, changes are coming from the top-down in Canada and businesses
Positively negative: Lack of social media helps defeat default judgment motion
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
Social Media and Jurisdiction under FRCP 4(k)(2
Twitter tests new Safety Mode
Twitter is testing a new safety feature aimed at reducing unwanted interactions. As explained in a Twitter Safety blog on 1 September 2021, Safety Mode temporarily blocks accounts (Author Accounts) found by Twitter’s artificial intelligence (AI) to be sending harmful
Embedded Content: Copyright Infringement or Permissible Use Under the Server Rule?
The Southern District of New York recently considered whether the unlicensed embedding of a video originally posted to a social media platform constituted copyright infringement. The case, Nicklen v. Sinclair Broadcast Group, Inc., et al., No. 20-10300 (S.D.N.Y. July
Promotional contests, sweepstakes, and giveaways: like, share, and follow the rule
Social media contests, sweepstakes, and giveaways have grown increasingly popular in the past few years and have become a common marketing strategy for businesses. From “like and share this post” to “tag five friends for extra entries,” contests allow businesses