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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

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

The EU Trademark Reform

European trademark law is currently undergoing the biggest reform since the introduction of the Community trademark system in 1996. On 15 December 2015, the European Parliament approved a Reform Package consisting of an amended European Union Trademark Regulation (Regulation (EU) 2015/2424) and a new Trademarks Directive (Directive (EU) 2015/2436). This bundle of new laws, referred … Continue Reading

The Role of Evidence in Inter Partes Review

By Michael L. Burns IV and Erica J. Pascal (Reposted from IPT News Q1 2016) From denying a famous hedge fund manager’s IPR petitions to upholding all claims at final written decision, evidentiary issues alone have decided some PTAB trial proceedings. Even with such impressive results, evidentiary issues have not garnered much air time. In fact, the Patent Trial … Continue Reading

LEGAL ALERT: IMPORTANT CHANGES TO RUSSIAN DATA PROTECTION RULES

Reposted from Data Protection, Privacy and Security Alert By Michael Malloy and Pavel Arievich There has been an important development in Russian Data Protection Law. On July 22, 2014 a new law amending the law on data protection and law on information was signed off by the Russian President and thus was officially adopted. The … Continue Reading

AMENDMENTS TO THE PRC COPYRIGHT LAW ….the practical implications for rights owners

By Edward Chatterton and Horace Lam WHEN WILL THINGS CHANGE On June 6, 2014, the fourth draft version of the new PRC Copyright Law (New Law) was published for public comment, having first been published in 2010. The period for public comment ended on July 5, 2014 meaning the implementation of the New Law is … Continue Reading

GTLD UPDATES FOR BRAND OWNERS FIRST NEW GTLDS DELEGATED, NON-LATIN GTLDS, A NEW PRODUCT TO DEFEND YOUR MARKS, CHANGES TO ICANN REGISTRY AGREEMENTS

By Ann Ford, Gina Durham and Ryan Compton • Brand owners should prepare for the impending release of numerous new gTLDs – the first few of which will be open for registration soon, and even sooner during the sunrise periods for brand-owners who have registered their trademarks in the Trademark Clearinghouse. • The first four … Continue Reading

Law à la Mode – Autumn 2013

The DLA Piper Fashion, Retail and Design group distributed the 11th edition of “Law à la Mode” to over 1000 clients.  Special thanks to all who contributed to this edition, especially the U.S. Editorial Team, which consisted of Ann Ford, Gina Durham, Tamar Duvdevani, Radiance Harris, Kiran Gore, Melissa Reinckens, and Airina Rodrigues. Please click … Continue Reading

SIGNIFICANT CHANGES INTRODUCED AND PLANNED TO UK IP LEGISLATION

By John Wilks and Charles Harvey UK IP legislation is changing. First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked). Secondly, the Government announced in the Queen’s Speech that it … Continue Reading

Florida’s Revised Promotions Law Prohibits Non-Profits From Offering Contests or Sweepstakes

By Radiance W. Harris On April 10, 2013, Florida revised several provisions of its game promotion statute, which will likely change how for-profit brands and non-profit entities offer contests and sweepstakes within the State and to its residents. In particular, these revisions include: • A game promotion can only be operated by a for-profit organization … Continue Reading

FTC issues new guidance for advertising and marketing in the online and mobile world

Repost from E-Commerce and Privacy Alert By Scott W. Pink On March 12, 2013, the Federal Trade Commission issued its long-awaited update to its 2000 guidance on disclosures in online marketing and advertising. The guidance, entitled .com Disclosures: How to Make Effective Disclosures in Digital Advertising, not only reaffirms many of the FTC’s longstanding principles … Continue Reading

IP Alert: TV CATCHUP CAUGHT OUT?

By John Wilks and Catherine Beloff The CJEU has handed down its decision on the copyright questions referred by the UK High Court in the long-running battle between ITV, Channel 4 and Channel 5 and TV Catchup (“TVC”). Copyright owners will be relieved that the CJEU has confirmed that streaming content via the internet constitutes … Continue Reading

TRADEMARK CLEARINGHOUSE LAUNCHING MARCH 26, 2013

By David M. Kramer The Trademark Clearinghouse, one of the key rights protection mechanisms included in ICANN’s new gTLD program, will be launching on March 26, 2013.  As the name implies, the Trademark Clearinghouse is a centralized database containing trademark data submitted by brand owners.  It is critical that brand owners submit this trademark data … Continue Reading

Librarian of Congress Issues New Digital Millennium Copyright Act Exemptions

By Erin Wright Lothson The Digital Millennium Copyright Act (“DMCA”) was passed in 1998 and makes it illegal to circumvent digital rights management protections, including software. Given the rapid pace at which technology changes, Congress also granted the Librarian of Congress the power to issue exemptions to the DMCA every three years. The latest round … Continue Reading

The “Copy” Right in Australia

By Kathryn Purcell-Hennessy (Brisbane, Australia) Introduction Internet use in Australia is widespread, with the Australian Bureau of Statistics reporting that in 2010-11 (the latest figures available), more than 50% of Australians aged between 15 and 34 created online content and downloaded videos, movies or music. More than 68% of Australians in those age brackets listened … Continue Reading

Franchising in China

By Philip F. Zeidman and Tao Xu Introduction It is not difficult to understand why China is viewed by businesses around the world as an indispensable market. Its size alone is staggering (1.3 billion people). Its purchasing power is equally impressive (on a purchasing power parity basis, it is already the second largest economy in the world). … Continue Reading

Dietary Supplement Industry Gets Compilation of NAD Decisions

By Sandra S. Pedersen The Council for Responsible Nutrition this week released a searchable database of every National Advertising Division decision since 2007 involving advertising for dietary supplements. The database includes the decision date, challenger, advertiser, product, category of supplement, type of claim, examples of the challenged claims, and referral status. There are 140 cases … Continue Reading

.中国 (or “.CHINA”) Top-Level Domains Launching Soon

By David M. Kramer A new opportunity is on the horizon for brand owners seeking to expand their online presence in China. Starting September 15, 2012, owners of a valid trademark registration will be able to register .中国 (or “.CHINA”) domain names corresponding to their registered marks.… Continue Reading

New Technology, Privacy and Sourcing Blog: Technology’s Legal Edge

Reposted Client Alert  We are delighted to introduce DLA Piper’s newest blog, Technology’s Legal Edge™, which addresses the global issues facing companies in the areas of e-commerce and social media, IT sourcing, outsourcing, and privacy and data security. We offer timely legal perspectives on cutting-edge issues in these dynamic areas of law. Contributing to the blog … Continue Reading

ICANN ANNOUNCES “REVEAL DAY” FOR NEW GTLD PROGRAM

By John Wilks and Damian Herrington, DLA Piper UK The Internet Corporation for Assigned Names and Numbers (ICANN) has just announced that the target “Reveal Day” for its new generic Top Level Domain (“gTLD”) program – the day when the list of gTLDs that have been applied for is announced – will be 13 June 2012. … Continue Reading

WARNING: AVOID TRADEMARK SOLICITATIONS SEEKING UNNECESSARY FEES

More and more frequently, private companies which are not associated with the United States Patent and Trademark Office (USPTO) have been aggressively sending out misleading notices to trademark applicants and registrants seeking substantial fees for trademark-related “services” including but not limited to legal services, trademark monitoring services, recordation of trademarks with the U.S. Customs and … Continue Reading
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