News & Analysis as of

TikTok

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

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Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Sinks CIPA Wiretap Lawsuit Against Royal Caribbean Over TikTok Tracking Tool

In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more

Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

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The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

International Lawyers Network

Major Setback for Tiktok’s Trademark Rights in India

The Bombay High Court recently affirmed the order of the Registrar of Trade Marks whereby TikTok’s application for declaration of its mark as well-known in India was disallowed. Interestingly, this decision (by the Bombay...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

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Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Ballard Spahr LLP

Developments in Online Safety and Data Privacy for Minors

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There have been numerous developments in the online safety and data privacy space for minors in particular over the last few months. Here we cover some notable decisions in the federal courts and cases with nationwide...more

Cozen O'Connor

The State AG Report – 06.05.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Secure Contempt Ruling Against Robocaller for...more

Robinson+Cole Data Privacy + Security Insider

TikTok’s Motion to Dismiss Denied by NY State Court

New York Attorney General Letitia James and 13 other Attorneys General filed suit in October 2024 against TikTok “for misleading the public about the safety of its platform and harming young people’s mental health.” TikTok...more

Cozen O'Connor

New York AG’s Lawsuit Against TikTok Survives Motion to Dismiss

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New York AG Letitia James obtained an order denying TikTok Inc.’s motion to dismiss a lawsuit brought by AG James against the company and affiliated entities, alleging that they violated state consumer protection laws by...more

Morrison & Foerster LLP - Social Media

Social Links: AI, Age-Gating, and the COPPA Cabana

CONGRESS MOVES TO BLOCK ALL STATE AI LAWS - In a late-night addition to a sweeping budget proposal, the House Energy and Commerce Committee inserted a provision in a large reconciliation package that would block state and...more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Clark Hill PLC

Right To Know - May 2025, Vol. 29

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Virginia Governor Signs Bill Restricting Minor’s Use of Social Media:...more

Good2bSocial

Social Media Algorithms for Law Firms: What Legal Marketers Need to Know

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The power of social media cannot be denied, but the landscape is complex and constantly changing. It’s easy to get frustrated with the various algorithms that control how much of your messaging gets to the masses. Every major...more

Kohrman Jackson & Krantz LLP

TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers

The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past,...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Tussles, Teen Privacy Push, and the Thumbs-Up That Sealed the Deal

If you want the perfect illustration of the high-stakes world of tech acquisition, look no further than the mad scramble for TikTok. Alexis Ohanian, Reddit’s wunderkind co-founder, has joined Frank McCourt’s Project Liberty...more

HaystackID

Inside TikTok’s U.S. Data Security Operation: A Rare Look at the Battle Over User Data

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The controversy surrounding TikTok has dominated political discussions for years. Critics claim the app is a national security risk, a data funnel to the Chinese Communist Party, and a vehicle for foreign propaganda. TikTok,...more

Holland & Knight LLP

Trump Plans to Create a U.S. Sovereign Wealth Fund and Suggests Potential TikTok Acquisition

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President Donald Trump signed an Executive Order (EO) on Feb. 3, 2025, directing the Treasury and Commerce secretaries to submit a comprehensive plan within 90 days for the creation of the United States' first Sovereign...more

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

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In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Weintraub Tobin

(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

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As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive...more

Weintraub Tobin

The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

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As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive...more

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