Speech and the Internet

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

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Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

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Website Crawling and Data Scraping Thoughts

Website crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…

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Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

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Defamation Online Issues

Defamation online in reviews posted by readers and comments stated in social media platforms throughout the United States and across its borders, raise legal questions. The aspects of posts in general also raise the issues of responsibility an individual has in controlling the content of one’s Facebook page or blog.  The Communication Decency Act, Section…

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Free Speech and Purpose Driven Ads

Free speech has come a long way through hurdles and bumps as a result of the Internet.  Many postings are challenged as well are ads online. The Seventh Circuit Court of Appeals had to struggle with such an issue in a case that arose from a municipal ad.[1] Judge Posner in his analysis of the…

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Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

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Trademark Misrepresentation in Advertising

Trademark misrepresentation rather than respecting the appearance of a marks brand through advertising runs the risk of using creative naming.  Courts will look at advertising’s subjective effect on consumers.  The query for concern is to determine if the advertising seeks for the consumer to make the association with an existing unrelated brand of a product. …

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Website Safe Harbor Copyright Notice Designation

Website safe harbor takedown requirements by the Copyright Office is soon to undergo changes.  According to the Copyright Office, it is the responsibility of a website owner or online service entity to make it easy for a copyright holder to contact the website regarding the possibility of content infringement.  The agent designation requirement[1] process form,…

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Trade Secrets Extraordinary Provisions

Trade secrets are going to be dealt differently now that the President has signed into law the new Defend Trade Secrets Act (DTSA).  Through the bipartisan efforts of Sen. Orrin Hatch, R-Utah, and Sen. Choons, D-Del., DTSA is meeting the desired measure that has long been sought by businesses to address the delicate nature of…

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Copyright Protection Standard for Clothing

Copyright protection standard for clothing articulated as conceptual separability will now be entertained by the U.S. Supreme Court amid the background of disparate circuit court views.  Copyright protection applies to the features pertaining to design, of say, articles, and pictures.  The garment sector items fall into the dichotomy of use or utility, as the design…

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Social Media Self-Modification

Self-Modification by social media platforms has struggled to ensure that the Internet is acceptable to all cultures, religions, political persuasion, and to all values of countries.  This exercise in Internet Governance is tall and detailed and comes under criticism for being too heavy handed towards exercising censorship.  Though easy to say, it becomes difficult to…

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