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
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
The UK’s vote to leave the European Union in a so-called ‘Brexit’ referendum throws up a host of issues for the Media, Sport and Entertainment sector, many of which will hinge on the outcome of negotiations following the triggering of Article 50 of the Lisbon Treaty: Regulation in the EU Media Landscape There will be … Continue Reading
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
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
Repost from a bulletin from the Media & Sport Group at DLA Piper FILM Producers of The Hobbit movie bring claim against ‘Age of the Hobbits’ makers for trademark infringement. The film studios behind The Hobbit films have filed a lawsuit in the U.S. District Court in Los Angeles against The Global Asylum Inc. (“The … Continue Reading
By Carissa Bower For centuries, the idea that strong intellectual property protection spurs innovation and encourages creativity has been the lynchpin of IP laws, not to mention the mantra of IP lawyers. In The Knockoff Economy, the authors challenge that belief as they explore industries which receive weak, if any, IP protection, yet still manage … Continue Reading
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
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
A bulletin from the Media & Sport Group at DLA Piper GAMING & BETTING Betfair files complaint with the EC over newly passed Cypriot laws that ban betting exchanges This legal action challenges the Cypriot legislature’s unanimous move to prohibit betting exchanges and online casino games. Betfair, the leading online betting exchange, filed a formal … Continue Reading
By Ryan Compton Bruce Willis may take a lot of chances in his movies, but recent newspaper stories reported he’s not interested in taking any chances with his real-life digital media. While the statements in these press reports, which indicated that Mr. Willis was considering challenging licensing terms prohibiting transfer of his digital media collection … Continue Reading
Reposted from Intellectual Property Magazine, July 12, 2012 This article discusses the increasingly important role of social media in trademark enforcement efforts, and provides effective tips and strategies for corporate counsel to create a solid, value-driven enforcement strategy and avoid the “trademark bully” label. Read here: Social Media and Trademark Bullying … Continue Reading
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
A group of us from our DLA Piper IPT group around the world, including those from Hong Kong, San Diego and Washington, DC are in Beijing, China attending the United States-China Intellectual Property Adjudication Conference. Yesterday, several top Chinese judicial and government leaders joined Gary Locke, U.S. Ambassador to the PRC, Judge Randall Rader, … Continue Reading
Reposted from Corporate Counsel Magazine By Radiance Walters and Debbie Rosenbaum In 2012, marketing teams will spend less time defining the term “social media” for corporate executives and more resources justifying increased expenditures in cyber platforms that have questionable returns on investment. Despite the unknown value of social media, conventional wisdom seems to suggest that … Continue Reading
Reposted from DLA Piper’s Media Intelligence Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The Department of Justice has published a landmark legal opinion that could pave the way for internet gambling in the United States. On 20 September 2011, the Department of Justice’s Office of Legal Counsel reached its decision on whether … Continue Reading
Reposted from DLA Piper’s Media Intelligence Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Peter Frampton has filed a lawsuit against Universal Music Group (“Universal Music”) in respect of unpaid music royalties. Peter Frampton filed a suit on 23 December 2011 against record label Universal Music for half a million pounds worth of unpaid music royalties and … Continue Reading
Reposted from DLA Piper’s Media Intelligence Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell HarperCollins Publishers LLC (“HarperCollins”) has filed a law suit against digital publisher Open Road Integrated Media (“Open Road”) for copyright infringement in relation to the e-book rights to the children’s book, ‘Julie of the Wolves’ (the “Work”).… Continue Reading
Reposted from DLA Piper’s Media Intelligence Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell A federal judge has ruled against the creator of Ghost Rider in a battle for ownership rights of the character, ruling that he gave up all such rights to his employer, Marvel Entertainment LLC (‘Marvel’).… Continue Reading
Lawmakers appear to be backing away from the PROTECT IP Act (PIPA) and Stop Online Piracy Act (SOPA) in the wake of this week’s widespread Internet protest. As previously reported, a number of the Web’s highest profile sites were blacked out or otherwise unavailable on Wednesday in opposition to the legislation. The bills, which were … Continue Reading
Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The consultation following up recommendations in the Hargreaves Review outlines Government plans to improve copyright laws. The consultation, which will run for 14 weeks and conclude on 21 March 2012, is in line with the Government’s “response” to the Hargreaves Review … Continue Reading
Undoubtedly today’s widespread Internet protest, which has darkened web sites ranging from Wikipedia to reddit to Flickr, has raised public awareness of the looming legislative and public relations battles associated with the Stop Internet Piracy Act (“SOPA”) and the Protect IP Act (“PIPA”), which are currently under consideration in the House and Senate, respectively. While … Continue Reading
As you may have noticed, today some of the most-visited websites on the Internet are blacked out, unavailable, or otherwise focusing on protesting currently-pending legislation in the United States that may impact many businesses and how they operate on the Internet. Specifically, popular sites such as Wikipedia, Craigslist, and BoingBoing are wholly unavailable, and others, … Continue Reading
Follow up post to SUPREME COURT WILL DECIDE CONSTITUTIONALITY OF REMOVING WORKS FROM THE PUBLIC DOMAIN By Tom Zutic and John Nading In a 6-2 decision today in Golan, et al. v. Holder, et al., the U.S. Supreme Court upheld U.S. Copyright protection for foreign works which had fallen into the public domain prior to … Continue Reading
