By Giulio Coraggio and Kate Lucente

In its February 2015 Report on the Internet of Things (IoT), the FTC estimated that there are now 25 billion connected devices worldwide. Another more conservative report by Gartner estimates there will be 2.9 billion connected devices in the consumer sector this year and 5 billion total, and that total will climb to 25 billion by 2020. Regardless of the accuracy of the numbers, clearly the growth of IoT presents unique challenges because of the sheer variety of “connected devices” – from sprinklers, to fitness trackers, to connected cars – and the data they may collect. It is therefore not surprising that regulators have released privacy and security guidance and frameworks for IoT.


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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, and logistics real estate will see a boom, particularly in China.

This year, the Asia-Pacific region is set to overtake North America as the world’s largest e-commerce market, and China is predicted to become the second-largest business-to-consumer e-commerce market by 2017 (with the US remaining the largest). Between 2009 and 2012, e-commerce grew by an annual average of 70 percent in China.

Customers are looking to online retailers for lower prices, wider ranges and more convenience. In Asia in particular, access to the Internet has improved markedly in recent years, and Internet users located in Asia now account for almost 50 percent of all Internet users worldwide.


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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 relevant laws, such as the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts and Electronic Acceptance Notice (Act No. 95 of 2001) (“Electronic Contract Act“) and the Act on Specified Commercial Transactions (Act No. 57 of 1976), are applied to various legal issues relating to electronic commerce and information property trading.


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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 forever change the landscape of what Internet users put into the address bar of web browsers.   As previously reported, ICANN has begun delegating these new gTLDs, following entry into relevant registry agreements with the applicants for those gTLDs.  

Along with the delegation of the new gTLDs, these new registries will open to allow the registration of second-level domains by third parties.  Before opening to the public, each of the registries for the new gTLDs will open to trademark owners, registered with the Trademark Clearinghouse, for an initial Sunrise period—allowing trademark owners a first opportunity to secure second-level domains on the particular gTLD which incorporate their core marks. To that end, a number of Sunrise periods are currently open, or set to open within the coming weeks for the following gTLDs:

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*gTLD registries which are covered under the Donuts Domain Protected Marks List (DPML)


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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 usage of the trademark “maggiore” held by a major rental company, Maggiore Rent SpA. This was only when done in connection with the usage of AdWords “dynamic keyword insertion” tool allowing to show the selected keyword as ad text in the sponsored link when users were searching such term.


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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 “.net,” “.org” and “.edu” gTLDs are also prevalent. All of the current gTLDs are managed by the Internet Corporation for Assigned Names and Numbers (ICANN). On June 20, 2011, ICANN approved a plan to expand the universe of gTLDs to include virtually any string of characters, including trademark words (e.g., “.docs,” “.rocks,” “.world,” “.pepsi,” etc.).

To help brand owners exercise greater control over use of their trademarks, ICANN has developed the Trademark Clearinghouse (TMCH), which gives brand owners the first opportunity to obtain domain names incorporating their trademarks upon the launch of a new gTLD. Brand owners registered with the TMCH will receive notice when a third party registers a domain name incorporating their trademark. The third-party registrant is also notified of the brand owner’s rights in the mark.


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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 recent decision defeats the “express purposes” of the Copyright Act of 1976 by “allowing new and existing distributors to design around th[e] license requirement and profit from the delivery of copyrighted programming while paying nothing for it.”

Below we have republished our firm’s blog entry discussing the recent Second Circuit decision, which the broadcasters are now challenging in their petition. 


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