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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

INSTA-WORTHY OR INSTA-INFRINGEMENT

By Ryan C. Compton, Ashley H. Joyce, and Naomi E. Abraham (Washington, D.C.) Today’s means of communication is ever more dependent on social media.  Whether you’re an individual, a one-woman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest way to be heard.  But where … Continue Reading

THE EU COMMISSION SETS OUT ITS POSITION ON BREXIT NEGOTIATIONS OVER INTELLECTUAL PROPERTY RIGHTS

By: Ruth Hoy and James Tighe On 6 September 2017, the EU Commission published its position paper setting out the main principles that will govern its attitude to Brexit negotiations with the UK on intellectual property (the “Paper”).  The Paper sets out 5 General Principles: Principle 1:  European IP rights should continue to retain comparable … Continue Reading

EU TRADEMARK REFORMS: FURTHER CHANGES APPLYING FROM 1 OCTOBER 2017

By: Karine Disdier-Mikus, Dr. Ulrike Gruebler, and Désirée Fields EU trademark law is currently undergoing the biggest reform in its history. 1 October 2017 marks another important milestone in the implementation of the EU Trademark Reform Package as a further set of very important amendments will come into force. The main areas of change include the … Continue Reading

Global Injunctions Available Against Search Engines, Rules Supreme Court of Canada (Updated August 2, 2017)

By: Sangeetha Punniyamoorthy and Thomas Kurys  (Toronto) The Supreme Court of Canada recently released a landmark decision in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world. Intellectual property rights-holders seeking to enforce intellectual property rights in an online world where infringers are … Continue Reading

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 v. Tam is a victory … Continue Reading

PRIZE PROMOTIONS AROUND THE WORLD

DLA Piper is pleased to announce the launch of Prize Promotions Around the World, an updated version of our previous prize promotions handbook. Prize Promotions Around the World is an online tool designed to assist our clients across the globe with the management of the early development stages of a prize promotion (such as a sweepstake … Continue Reading

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

By Rohan Singh, Jessica Noakesmith and Brett Shandler Universal Music Australia Pty Limited v TPG Internet Pty Ltd [2017] FCA 435 (28 April 2017) (Universal Music) Last week in the Federal Court of Australia, over thirty internet service providers (ISPs) including TPG, Optus and Telstra were ordered to block access to the torrenting website KickassTorrents … Continue Reading

Is it the Real McCoy? Anti-counterfeiting, IP Rights and your Business

By Rohan Singh (Special Counsel) & Jessica Noakesmith (Graduate) A recent report based on customs’ seizures by The Organisation for Economic Co-operation and Development (OECD) found that fake information and communications technology (ICT) goods accounted for 6.5% of the overall ICT trade, well up on the 2.5% of overall traded goods found to be fake … Continue Reading

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
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