On April 12, 2021, Florida-based creative agency, Creative Klick Agency LLC, filed a lawsuit in the Southern District of Florida against Dan Bilzerian and his spirits company, Ignite Spirits Inc. and related companies. Creative Klick alleged that the spirits brand used its photos on various social media accounts, including those belonging to Bilzerian, and on
FTC Drops A $31 Million Hammer On Live Event Ticket Brokers In First Ever BOTS Act Enforcement Case
The illusive secondary market for tickets to live events from concerts and theater performances to sporting events may be experiencing a new step towards reform. The Federal Trade Commission took legal action against three New York-based ticket brokers and an officer of each entity for violating the Better Online Ticket Sales (“BOTS”) Act. In 2016,
Twitter Announces, “Fleets”
On November 17, 2020, Twitter introduced Fleets, “a new way to join the conversation.” Fleets are “fleeting” tweets; ones that disappear from an account after 24 hours. According to Twitter’s blog, the impetus behind the product iteration is that users feel that posting permanent Tweets presents too much social pressure. Users can “Fleet” various media,
Self-Serve TikTok for Small Businesses, Too
In the wake of COVID-19, businesses of all sizes continue to take stock of their spending practices, losses, ongoing threats, and opportunities for revival and growth. Investment in marketing is ripe for such an evaluation, including advertising mix, production expenses, and return. In June, 2020, the Interactive Advertising Bureau (IAB) reported that while overall spending
A Straight-up Victory for States Rights in Regulating Sports Betting
On May 14, 2018 the Supreme Court of the United States released its decision in Murphy v. National Collegiate Athletic Association. This decision invalidates the key Federal prohibition on State-authorized sports gambling businesses, the Professional and Amateur Sports Protection Act (PASPA). Under PASPA, except in connection with very narrow exemptions, States could not authorize
Monkey See, Monkey Selfie, No Copyright
In 2016, People for the Ethical Treatment of Animals (“PETA”) brought an action on behalf of Naruto, a Crested Macaque residing in Indonesia. PETA asserted claims of copyright infringement against a wildlife photographer who published a book which included a selfie taken by Naruto using the photographer’s camera. The United States District Court for the