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POLAND – TRADEMARKS QUICKER, STRONGER, BROADER

By: Krystian Maciaszek  New Polish regulation supports the trademark owners in execution of their rights The recent amendment of the Polish Industrial Property Law, which has now entered into force, introduces significant changes to trademark regulations. In some areas it improves, strengthens and expands protection and in others it offers some surprising solutions, particularly in … Continue Reading

FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM: WHEN CAN A COPYRIGHT CLAIMANT SUE FOR INFRINGEMENT? SUPREME COURT SAYS NOT UNTIL THE COPYRIGHT HAS BEEN REGISTERED

By: Andrew L. Deutsch and Tamar Y. Duvdevani On March 4, 2019, the United States Supreme Court decided an important issue of copyright law that had divided federal courts for years. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the question was: when can a copyright claimant sue for infringement – as soon as it files … Continue Reading

SOUND IDENTITIES: BACK IN VOGUE FOR CORPORATE REBRANDING AND BRAND REFRESHES

By: Melinda Upton, Nicholas Boyle, Jessie Buchan, Lucy Meadley and Valiant Warzecha Businesses are constantly looking for an extra dimension that will allow their brand to cut through the saturation of the modern world. Increasingly, corporate re-brands or brand refreshes are including bespoke musical themes known as ‘sound identities’ or ‘audio brands’ to create a … Continue Reading

UK – NEW CMA GUIDANCE FOR INFLUENCERS AND COMMITMENTS SECURED WITH PARTICULAR INDIVIDUALS

By: John Wilks, Claire Sng and Sophie Anim Background The UK’s Competition and Markets Authority has announced, following its investigation (see our earlier article available here), that it has secured commitments from 16 social media influencers about how they post online (see link to CMA press release here). The influencers, including singer Rita Ora and … Continue Reading

CONSUMER HAS STANDING TO OPPOSE COMPANY’S RAPUNZEL TRADEMARK FOR DOLLS AND TOY FIGURES BEFORE U.S. TRADEMARK TRIAL AND APPEAL BOARD

By: John M. Nading, Ashley H. Joyce, and Devika Persaud  In a sign of a potentially liberalizing trend for standing at the U.S. Trademark Trial and Appeal Board, the Board recently ruled that a consumer had standing to oppose a company’s application for the trademark RAPUNZEL for dolls and toy figures.  Curtin v. United Trademark … Continue Reading

WORD FROM THE INDUSTRY’S MOUTH

By Tamar Duvdevani (NY), Airina Rodrigues (NY) and Michael Geller (Chicago) Interview with Melissa Schoffer Farber, SoulCycle’s Senior Director of Legal Affairs To describe New York-based SoulCycle as a company offering indoor cycling classes is a serious understatement.  While SoulCycle does tout 90 locations in the US and Canada, with a growing international presence, the … Continue Reading

MUSIC MODERNIZATION ACT

By: Ryan Compton and Thomas Holguin After many years of litigation and lobbying expenses, the battle over pre-1972 music rights has finally been ended.  On October 11, 2018, President Trump signed the Music Modernization Act (“MMA”), legislation that purports to provide additional protection for song writers and publishers, as well as to provide a clearer … Continue Reading

UK ADVERTISING CODE (CAP CODE): RULES CHANGES AND FURTHER CONSULTATION ON THE USE OF DATA FOR MARKETING

By John Wilks, Claire Sng and Ella Castle In the wake of GDPR, the UK’s Committee of Advertising Practice has amended the CAP Code to introduce new rules on the use of data for marketing. It has also launched a consultation on potential further rule changes relating to child marketing data and prizewinners. BACKGROUND As … Continue Reading

UK TRADEMARK REFORMS: IMPLEMENTING THE EUROPEAN TRADEMARK DIRECTIVE IN 2019

By Désirée Fields (Legal Director, London) and Yannick Aaron Zirnstein (Referendar/Trainee Lawyer, Cologne) Important changes to UK trademark law will come into effect on 14 January 2019 in order to implement the European Trademark Directive 2015. While some of the changes are minor in the nature, others are quite significant or even brand new. The … Continue Reading

UK – NEW ASA GUIDANCE FOR INFLUENCERS

By John Wilks and Claire Sng Background The ASA has this week published new guidance for influencers about how to make their ads clear (see link here “Guidance”). This Guidance follows the ASA’s call for evidence in March 2018. This is a hot topic at the moment with: The European Commission having just published a report about … Continue Reading

SCOTCH WHISKY AND CORNISH PASTIES: WHAT DOES A HARD BREXIT MEAN FOR GEOGRAPHICAL INDICATIONS?

By Désirée Fields and Sam Mitchell Geographical Indications (GIs) are signs used on products in order to inform consumers about a product’s geographical origin and a quality, characteristic or reputation of the product linked to its place of origin. GIs such as Scotch Whiskey and Parmesan cheese, have generated significant value for EU farmers and … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS

By: Sam Mitchell THE UNITARY PATENT (UP) AND UNIFIED PATENT COURT (UPC) BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – EXHAUSTION RIGHTS

By: Sam Mitchell BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four notes … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – PATENTS

By: Sam Mitchell PATENTS BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – TRADEMARKS

By: Sam Mitchell TRADEMARKS AND DESIGNS BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The … Continue Reading

DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – COPYRIGHT

By: Sam Mitchell BACKGROUND This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four notes … Continue Reading

FEDERAL CIRCUIT CREATES CIRCUIT SPLIT ON USPTO RECOVERY OF ATTORNEYS’ FEES REGARDLESS OF PREVAILING PARTY

By: John Nading, Ashley Joyce, and Devika Persaud In a 7-4 en banc decision last Friday, July 27, the U.S. Federal Circuit Court of Appeals ruled that language in the Patent Act does not allow the USPTO to recover its attorneys’ fees regardless of which party prevails in a district court litigation.  NantKwest, Inc. v. … Continue Reading

SOCIAL MEDIA INFLUENCERS AND EFFECTIVE DISCLOSURES IN THE US: A DELICATE BALANCE

By: Ann K. Ford and James K.S. Stewart The immense rise in popularity of social networks has led to the proliferation of social media celebrities—individuals who have amassed a great number of “followers” based on their unique ability to artfully curate content designed to create an idyllic impression of everyday life and along the way … Continue Reading

UK: NEW DATA PROTECTION FEE

By: James Clark The United Kingdom has announced plans to introduce a new “Data Protection Fee” to replace the current system of registration for data controllers. Draft Regulations[1] were laid before Parliament on 20 February 2018 and the Information Commissioner’s Office (“ICO”), the independent supervisory authority set up to promote and oversee compliance with data protection … Continue Reading

Global Media Sector Trends 2018-Seizing new commercial opportunities and tackling emerging threats

By Nick Fitzpatrick, Peter C. White, Prof Dr Stefan Engels, Qiang Li, Giangiacomo Olivi, David R. Pahl, and Jamie Ryder (Repost from DLA Piper Insights re: Global Media Sector Trends 2018 report –March 2018) DLA Piper’s new Global Media Sector Trends 2018 report explores how new commercial opportunities are being created by disruption, specifically in … Continue Reading

SCOTUS INVITES SOLICITOR GENERAL’S POSITION ON COPYRIGHT REGISTRATION PRE-SUIT REQUIREMENT

By Tamar Duvdevani and Matthew Ganas (with contributions from Michael Varrige) The Copyright Act (the “Act”) permits copyright holders to bring civil infringement actions in federal district courts to enforce the exclusive rights provided under the Act, namely, the rights to reproduce, distribute, display, publicly perform, and create derivatives of an original work of authorship.  … Continue Reading

ATHLETES’ RIGHT OF PUBLICITY CLAIMS DIRECTED TO SPORTS VIDEO GAMES NOT PREEMPTED BY COPYRIGHT ACT

By: Frank Ryan and Matt Ganas (with contribution from Michael Varrige) The California federal district court, in Davis v. Electronic Arts Inc., recently issued the latest in a series of decisions involving athletes’ right of publicity (“ROP”) claims aimed at Electronic Arts’ (“EA”) popular sports videogame franchise. The plaintiffs in Davis are retired NFL players … Continue Reading
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