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From Logging on to Logistics: Online Retailing and the Asian Real Estate Market

Republished from Law A La Mode  By: Janice Yau Garton and Carly Roberts  There is little doubt that the continuing shift towards online retailing will have tremendous implications for the Asian real estate market. Over the coming years, physical retailers will have to change the way they use their space, shopping centers will undergo a transformation, … Continue Reading

Consumer Data Protection In Online Retail: On Protecting Privacy in the EU, US and China

Republished from Law A La Mode  By: Carol Umhoefer, Kate Lucente, and Belinda Tang Online retail presents unparalleled opportunities for reaching new consumer markets and collecting consumer data. With such opportunities, however, come heightened regulatory scrutiny, compounded by high-profile consumer data security breaches in the US, Germany and elsewhere. Not surprisingly, there have long existed … Continue Reading

Online Retail Business Struggling Its Way Through German Employment Law

Reposted from Law A La Mode  By: Kai Bodenstedt and Astrid Schnabel Labor Unions and Collective Bargaining Agreements As the profits of German online retailers increase, so too do the HR pressures that such businesses face. As electronic retail businesses hire more and more workers, they are increasingly faced with labor law issues. For example, … Continue Reading

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

Reposted from Sports, Media and Entertainment Online By Keitaro Uzawa and Ann Cheung The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business operations in Japan and clarify how the Civil Code, which governs Japanese commercial contracts, and other … Continue Reading


Repost from LAW À LA MODE, Issue 13 – April 2014 By Ann K. Ford and James “Bink” Stewart (Washington D.C.)  The rise in popularity of social networking websites and blogs has extended the reach of a single consumer’s opinion about a brand or its products or services. In fact, prior to purchasing goods or … Continue Reading

Here Comes the Sun: Many gTLD Sunrise Periods Now Open

By: Ryan Compton & James Stewart The modern era of general Top-Level Domains (gTLDs) is here.  The last several years of discussion, negotiation, public comment, lobbying, applications, and objections have finally led to delegation of the first new gTLDs in several years—the first handful in a sea of hundreds to thousands of new gTLDs—which will … 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

Third Circuit Rejects EA’s First Amendment Defense to College Athletes’ Right of Publicity Claims

Reposted from DLA Piper’s Sports, Media and Entertainment Blog By Frank Ryan, Richard Flaggert, Matthew Ganas and Rebecca Smock On May 21, 2013, the US Court of Appeals for the Third Circuit held that the First Amendment does not shield Electronic Arts, Inc. (EA) from right of publicity violations alleged in connection with its depiction … Continue Reading

Google shall NOT monitor Adwords keywords

Reposted from July 2013 issue of DLA Piper’s Sports, Media and Entertainment Intelligence By Giulio Coraggio The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users. The court did find liability for a local rental company, Sicily by Car, for the … Continue Reading

New gTLDs & The Trademark Clearinghouse: Four Tips for Brand Owners

By Ryan Compton & James Stewart The imminent launch of more than 1,400 new generic top-level domains (gTLDs) poses a major challenge to brand owners seeking to enforce and maintain control over the way their key trademarks appear in domain names. The domain ender “.com” is the most widely used of the current gTLDs, but … Continue Reading

Broadcasters Request En Banc Rehearing After Court of Appeals Rejects Shutdown of Retransmission Service Aereo

UPDATE:  Earlier this month, the Second Circuit in a 2-1 decision affirmed a lower court ruling rejecting an injunction against broadcast television retransmitting service Aereo, based on the Copyright Act’s public/private performance provisions. Yesterday, in response to this decision, broadcasters filed a petition with the Second Circuit for an en banc review arguing that the … Continue Reading


Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper INTERNET AND DIGITAL MEDIA UK: Proprietary rights from copyright infringement – Twentieth Century Fox Film Corporation v David Harris A copyright owner does not have a proprietary claim to the profits from an infringement of its copyright, … 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


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

Kardashians’ Embroiled In Trademark Disputes Over KHROMA

By Erin Wright Lothson The famous Kardashian sisters are making news again, but this time not for their well-known reality television show Keeping Up With the Kardashians. Kim, Kourtney and Khloe Kardashian launched a line of personal care and makeup products in 2012 under the mark KHROMA, and their beauty care products are currently sold … Continue Reading


By Scott W. Pink and Carissa Bouwer California Attorney General Kamala Harris launched yet another shot across the bow of advertisers when she filed a complaint last week against Delta Airlines in San Francisco Superior Court alleging that Delta had distributed a mobile app without providing notice of its privacy policy in violation of the … 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

Beyonce and Jay-Z’s “Blue Ivy Carter” Trademark Still Has Chance

Media outlets have been buzzing over the purported denial of Beyonce and Jay-Z’s BLUE IVY CARTER trademark.  On October 16, 2012, the United States Patent and Trademark Office (“USPTO”) granted a federal registration to Veronica Morales, a Boston-based wedding planner, for the trademark BLUE IVY (U.S. Registration No. 4224833) covering event planning services. Morales, who claims … Continue Reading

Nominet Proposes New “.uk” Domains

By Damian Herrington Nominet, the internet registry responsible for “.uk” domain names, has announced a three month consultation on proposals for new, shorter domain names, backed by enhanced security features. The plan is for shorter “.uk” domains to be offered alongside the existing “” suffix used by many UK businesses. Nominet claims the new service … Continue Reading

MEDIA INTELLIGENCE, October 2012 (Part II)

A bulletin from the Media & Sport Group at DLA Piper INTERNET & DIGITAL MEDIA Business leaders urged to step up response to cyber threats The Government has published advice to businesses on how to tackle the growing number of cyber threats to their companies. The Government, in association with intelligence agencies, is targeting senior … Continue Reading