By Scott W. Pink and Carissa L. Bouwer

DLA Piper’s International Advertising Group has published the Prize Promotions Across the World Handbook which provides an overview of prize promotion laws and regulations across 20 countries.

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a large, multi-jurisdictional customer base, but it is not without its legal challenges. This Handbook will help companies planning an international contest or sweepstakes to understand the challenges and restrictions the promotion will face in different jurisdictions.


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The Fashion, Retail and Design team of DLA Piper is delighted to invite you to:

#FASHIONLINE

Fashion bloggers, e-commerce & wearable technologies

A conference organized in cooperation with Borsa Italiana (Italian Stock Exchange).

DLA Piper professionals from Europe, the United States, and Asia will share insights on the specific legal aspects when dealing with technologies, and highlight strategies, opportunities, risks, and challenges leading to “fashion 3.0.”


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By Melinda Upton and Rohan Singh

On 6 December 2013, the Full Court of the Federal Court of Australia dismissed an appeal by Australian Postal Corporation (Australia Post) and upheld the primary judge’s decision that “DIGITAL POST AUSTRALIA” is not deceptively similar to “AUSTRALIA POST” and therefore would not infringe.

Australia Post, which owns the “AUSTRALIA POST” trade mark, commenced proceedings against Digital Post Australia (DPA) after DPA announced that it would launch a digital mail box service under the trade mark “DIGITAL POST AUSTRALIA”. Australia Post was unsuccessful before the primary judge and appealed to the Full Court.

While the Full Court briefly considered the relevant class of consumers and the essential element of DPA’s mark, in forming their view the judges primarily engaged in a discussion of the expert evidence (by a “branding expert”) and survey evidence led by Australia Post.


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By Melinda Upton and Rebecca Kay (Sydney) 

In recent months, the Australian federal Treasury has come under intense pressure from local retailers and state treasures to extend the Australian goods and services tax (GST) to overseas-purchased goods and services. On 27 November 2013, the Australian Federal Treasurer, Joe Hockey, met with state treasurers to discuss these controversial proposals for reform.

At present, goods and services purchased by Australian consumers from overseas are exempt from the 10 per cent GST, provided they are valued at less than $1000. National retailers argue that this gives foreign retailers a price advantage and encourages Australian consumers to shop extraterritorially. In an era where the profile of international retailers in Australia is spiraling as ever-increasing numbers flock to the region’s shopping malls and high streets, the threat looms large. Some national stores such as Myer believe the import loophole affects them so badly that they may even be forced to consider shipping products via New Zealand, so as to put themselves on a level-playing field with foreign competitors.


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By Max Wenger and Kai Tumbraegel

On 17 October the German Federal High Court (“BGH”) has submitted a request for a preliminary ruling to the European Court of Justice (“ECJ”) to clarify whether a bank may refuse to reveal the name and the address of a bank account holder with reference to the bank secrecy, if the payment for a purchase of counterfeiting goods has been settled via the respective bank account (BGH I ZR 51/12).


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By John Wilks and Ruth Hoy

A UK High Court claim filed this week by the Ministry of Sound record label against music streaming site Spotify raises some interesting issues around the originality threshold for copyright works.

The claim, which was reported in the Guardian, alleges that the Ministry’s track listings (each a compilation of tracks by different artists) are copyright works in their own right. The Ministry allege that such copyright is infringed by playlists made available by Spotify which reproduce their compilation track listings.


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