Trademark and Copyright

U.S. Supreme Court Rules Trademark Act Disparagement Clause is Unconstitutional

By John Nading, David Kramer, James Stewart, and Alberto Zacapa The Supreme Court today struck down the disparagement clause of the Lanham Act as facially invalid under the Free Speech Clause of the First Amendment, affirming the decision of the Court of Appeals of the Federal Circuit.  This outcome in Matal ...

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WHAT’S IN A NAME? ISSUES FACING GENERIC NAMES AND MARKS

IF YOU CAN’T BEAT THEM, BLOCK THEM. SECTION 115A STRIKES AGAINST PIRACY WEBSITES, THIS TIME FOR THE MUSIC INDUSTRY

UNITED STATES SUPREME COURT SIDES WITH COPYRIGHT OWNER IN STAR ATHLETICA CASE

Internet

NEW EU EPRIVACY RULES IN THE MAKING

Internet services, IoT, cookies and more will be significantly impacted. Those who think that the EU General Data Protection Regulation is a lot to contend with are now facing the prospect of a new Regulation replacing the 2002 ePrivacy Directive. A version of the draft Regulation leaked earlier this week indicates ...

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U.S. FINANCIAL REGULATORS PROPOSE SWEEPING NEW CYBERSECURITY REGULATIONS

CHINA: SIGNIFICANT CHANGES TO DATA AND CYBERSECURITY PRACTICES UNDER PRC CYBERSECURITY LAW

FRANCE ADOPTS LAW FOR A DIGITAL REPUBLIC: KEY DATA PROVISIONS ARE A JUMP-START ON THE GDPR

Fashion

WHAT’S IN A NAME? ISSUES FACING GENERIC NAMES AND MARKS

By Melinda Upton and Claire Kermond (Sydney) In the retail and fashion industries, names and marks are a key element of the marketing strategies and longevity of brands.  Using generic marks or names can land retailers and fashion designers in trouble when it comes to successfully trademarking and protecting their brand. ...

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NATIVE ADVERTISING – 5 TIPS FOR NAVIGATING NATIVE ADVERTISING

UNITED STATES SUPREME COURT SIDES WITH COPYRIGHT OWNER IN STAR ATHLETICA CASE

THE HONG KONG RETAIL REAL ESTATE MARKET: CURRENT STATE AND FUTURE OPPORTUNITIES

Advertising

NATIVE ADVERTISING – 5 TIPS FOR NAVIGATING NATIVE ADVERTISING

By Ann Ford, James Stewart and Naomi Abraham (Washington D.C.) Native advertising, which is an advertisement that follows the natural function and form of the user experience in which it is placed, has captured the attention of the US Federal Trade Commission (FTC) and marketers alike for its ability to blur ...

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PRIZE PROMOTIONS AROUND THE WORLD

THE DIFFICULT BALANCE BETWEEN COMPARATIVE ADVERTISING AND TRADEMARK PROTECTION

US Regulators Take Aim at Native Advertising

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