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Among the ways social media platforms have tried to distinguish notable account holders such as celebrities, public figures, and brand names from impostors and inspire trust on their platforms, the blue checkmark appears to be most popular. Social media platforms have traditionally recognized such accounts by adding the blue checkmark next to the handles once the platforms have verified the authenticity of the accounts. However, the recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes. Indeed, Twitter recently altered course with the “Twitter Blue” program, which is an “opt-in, paid monthly subscription that adds a blue checkmark to [an] account ….” Soon thereafter were reports of an increase in impersonation on the platform, with accounts purportedly owned by companies and public figures posting misleading or false content. These recent events show that monitoring and policing trademark infringements and right of publicity violations can be increasingly difficult in the social media context.
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New York Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff
By Todd Larson and Yonatan Shefa
Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement.
How to Diversify the Pool of Inventors — and Improve Innovation
By Christine E. Hollis, Jonathan C. Hughley and David C. Read
Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.
Music Rates and Royalties In 2023
By Jeff Brabec and Todd Brabec
Part One of a Two Part Article
A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
By Matthew Weiss
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date
Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
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