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

By Tamar Duvdevani On March 22, 2017, in a 6-2 decision authored by Justice Thomas, the United States Supreme Court ruled that the designs on Varsity Brands’ cheerleading uniforms are eligible for copyright protection.  The crux of this decision relates to the fact that the United States Copyright Act treats the copyrightability of “useful articles” … Continue Reading

BAD REVIEWS GOT YOU DOWN? NEW RESTRICTIONS UNDER THE CONSUMER REVIEW FAIRNESS ACT OF 2016

By: Carissa Bouwer The internet has made it easy for consumers to share their opinions and experiences regarding products and businesses.  While easy access to reviews can help consumers make informed purchasing decisions, the anonymity of the internet can be difficult for businesses that believe they have received unfair reviews.  In recent years, some businesses have … Continue Reading

THE BLOCKCHAIN REVOLUTION – An analysis of regulation and technology related to Distributed Ledger Technologies

By: Nicolette Kost De Sevres Blockchain is on the verge of revolutionizing how we interact in the digital world. It has far reaching applications from the Financial industry to many other sectors of the economy. The question is what is Blockchain, what are the underlying concepts, what is the current state of technological implementation and … Continue Reading

IN-STORE ANALYTICS – TRACKING CUSTOMERS IN PHYSICAL RETAIL SPACE

By James Clark (Leeds) Most of us are familiar with the many ways in which customer activity can be tracked in the online space. Customer accounts, cookies, web beacons and tracking pixels are familiar tools in the e-commerce arsenal, and all come with familiar challenges from a privacy and data protection perspective. Increasingly, retailers are … Continue Reading

PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY FOCUS ON E-COMMERCE OF CONSUMER GOODS

By Alexandra Kamerling and Marianna Kinsella (London) Background The European Commission’s Digital Single Market Strategy was designed to put Europe at the forefront of the digital economy. To achieve this, the European Commission has recognised the need to reduce barriers to cross-border e-commerce within the EU. On September 15, 2016, the Commission published its Preliminary … Continue Reading

RADIO SPECTRUM – SURGING DEMAND FOR RADIO SPECTRUM DRIVES THE NEED TO UNDERSTAND REGULATION

By Michael Senkowski, Nancy Victory, and Michael Lewis The pace of innovation for wireless products and services over the past decade or so has been breathtaking. Since the introduction of the iPhone – less than 10 years ago – near-ubiquitous mobile networks have developed to provide instant broadband access to the Internet for streaming news, … Continue Reading

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 a potentially significant impact … Continue Reading

GLOBAL PATENT LAWS

DLA Piper is pleased to announce the launch of Global Patent Laws. Global Patent Laws is designed to provide you with an overview of the key patent laws and dispute resolution procedures that are relevant to businesses operating in a number of countries around the world. Key procedures include: What acts infringe a patent; The availability … Continue Reading

UPCOMING CHANGES IN REQUIREMENTS FOR SERVICE PROVIDERS TO BENEFIT FROM DMCA SAFE HARBOR: CONSIDER THESE KEY STEPS

By: Jeffrey D. Aronson, Jim Halpert, Victoria Lee, Mark C. Lehberg, Eduardo J. Blanco If you maintain a website or service where you make content available to others, you probably have (and should have) an agent registered with the US Copyright Office to receive notices alleging copyright infringement.  Last week, the Copyright Office adopted a … Continue Reading

U.S. FINANCIAL REGULATORS PROPOSE SWEEPING NEW CYBERSECURITY REGULATIONS

By: Sydney White The U.S. Board of Governors of the Federal Reserve System, the U.S. Office of the Comptroller of the Currency (OCC), and the U.S. Federal Deposit Insurance Corporation (the “Agencies”), released an Advanced Notice of Proposed Rulemaking (“ANPR”) on October 20, requesting comments by January 17, 2017, on enhanced cybersecurity risk management rules … Continue Reading

NO THANKSGIVING TURKEY FOR CAMPARI

By: Melinda Upton, Rohan Singh, and Anjali Narendra It is common practice for businesses to engage in trade mark licence agreements as a means to facilitate building brand awareness. However, the High Court of Australia’s refusal to grant special leave to appeal the Full Court of the Federal Court’s decision in Lodestar Anstalt v Campari America … Continue Reading

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

By: Carolyn Bigg After a third deliberation, the Chinese government passed the new PRC Cybersecurity Law on 7 November 2016. The new law will come into force on 1 June 2017 and has significant implications for the data privacy and cybersecurity practices of both Chinese companies and international organisations doing business in China.… Continue Reading

RUBIK’S CUBE: ECJ DENIES PROTECTION FOR 3D TRADEMARK OF FAMOUS PUZZLE

By: Dr. Ulrike Grübler (Hamburg, Germany) The European Court of Justice (ECJ) has denied trademark protection for an existing EU registration of the famous puzzle known as Rubik’s Cube. Following a decision issued by the European Court of Justice (ECJ) on 10 November 2016, the judges annulled prior decisions of EUIPO and the General Court that … Continue Reading

THE LAW IN BLACK AND WHITE – IN THE UK THE DISTRIBUTION AND SALE OF “GREY” GOODS CAN BE A CRIMINAL OFFENCE

By: Richard Taylor and Alasdair Muller (United Kingdom) The English Court of Appeal has confirmed that, in the UK, the sale or distribution of trade mark goods outside an authority granted by the trade mark holder can constitute a criminal offence (R v C and others, applying Trade Marks Act 1994 (the “Act”) s92(1)*).  Possession with … Continue Reading

CHANGES ON THE ANALYSIS AND RECOGNITION OF SO-CALLED “HIGHLY RENOWNED” TRADEMARKS IN BRAZIL BY THE INPI || ALTERAÇÕES COM RELAÇÃO À ANÁLISE E RECONHECIMENTO DAS MARCAS DE ALTO RENOME NO BRASIL PELO INPI

By: Paula Mena Barreto, Diego Mattos Osegueda, and Manoela Quintas Esteves On October 18th, the National Industrial Property Institute (INPI) published Resolution INPI/PR 172/2016, to improve the analysis and recognition of so-called “highly renowned” trademarks in Brazil. The alterations brought by the new resolution were formulated based on the suggestions of associations involved in the industrial property … Continue Reading
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