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  • Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims

    As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

    June 01, 2018Aaron Cohn
  • A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications

    The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

    May 01, 2018Shari Claire Lewis
  • Years ago, when trying to improve some of my snacking habits, I stopped buying cookies, candy and savory chips. Magically (and perhaps obviously), I quickly found that I ate less junk food. In effort to find a few more minutes a day for marketing, I recently applied this same basic, but effective, technique to my time management and the results have been just as immediate.

    March 01, 2018Ari Kaplan
  • Search engine optimization (SEO) is a great way to help drive traffic to your website, but is also a very misunderstood term. This article helps clarify what SEO really is, and if it will help with your business development activities.

    February 01, 2018Spencer X. Smith
  • The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?

    January 01, 2018Alan Friel and Stephanie Lucas
  • Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.

    January 01, 2018Khizar A. Sheikh, Lynne Strober and Jennifer Presti
  • How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits

    The rule of Zeran has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of Zeran that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in Zeran.

    December 01, 2017Ian C. Ballon