Gambling on Top Flight Footballers: ASA Ruling
Global IP & Privacy Law
by Carlton Daniel, Mike Llewellyn, Ailin O'Flaherty and Jack Wood
4d ago
The Advertising Standards Authority (“ASA”) has issued its first ruling under the new rules that prohibit gambling ads with “strong appeal” to under-18s, providing a useful example as to how the new rules will be applied. Updated Gambling Ad Rules As covered in more detail in a previous article for this blog, on 1 October 2022 new rules in the UK advertising codes came into effect that restrict the content of gambling ads. The rules of both the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (“CAP Code”) and the UK Code of Broadcast Advertising (“BCAP Code”) were u ..read more
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EU Design Reform Package: More efficient, Affordable, and Future-proof Design Protection Ahead
Global IP & Privacy Law
by Dr. Sandra Mueller
2w ago
On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws. Apart from aligning the terminology to the Lisbon Treaty and the EU Trade Mark Regulation by renaming the “Registered Community Design” (RCD) to “Registered EU Design” (REUD), the proposals include provisions that make design protection more user-friendly and affordable, specifically consi ..read more
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IP Protection of NFTs: A Comparative Look at the US and China
Global IP & Privacy Law
by Paolo Beconcini
3w ago
The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers of more or less successful NFT cooperations like that between Tiffany and CryptoPunks or millions-heavy NBA Top Shot NFT have made the headlines. NFTs are also playing a key role in a generation’s development, with GenZ’ers dre ..read more
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Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress Affirmed
Global IP & Privacy Law
by Nicholas Zalany and Bryan Jaketic
1M ago
The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes reviews finding some claims patentable and some claims not patentable. The claims at issue related to the systems and methods for adjusting pressure in an air mattress in less time and with greater accuracy than the prior art. The decision addresses and gives guidance on a range of issues presented by both parties — including findings of obviousness and the allocation of the burden of persuasion, the ..read more
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Ninth Circuit: Commercial Brand Names Can Be Expressive Speech
Global IP & Privacy Law
by David Elkins and Joseph Grasser
2M ago
In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in J ..read more
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UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators
Global IP & Privacy Law
by Carlton Daniel
2M ago
Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content. The CMA, ASA, and a third regulator, Ofcom, r ..read more
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Ninth Circuit Holds Foreign Trademark Defendants Can Be Served through USPTO
Global IP & Privacy Law
by Joseph Grasser
2M ago
Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims. In San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., a case of first impression in the circ ..read more
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ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rules
Global IP & Privacy Law
by Adam Hess and Alex Wolcott
2M ago
The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in U.S. District Court, the presiding judge in a Section 337 investigation has the power to sanction the parties for improper behavior. However, a party must act quickly and follow the ITC’s rules to have any chance to have sanctions imposed on anoth ..read more
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The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissal
Global IP & Privacy Law
by Nicholas Zalany
3M ago
In a recent post, I discussed a September Federal Circuit decision (Cooperative Entertainment v. Kollective Technology) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. v. CLS Bank test. Just weeks after that ruling, the Federal Circuit in IBM v. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents. This time, however, the Court affirmed the dismissal. Can these decisions be reconciled? In this blog, I will dissect the majority opinion and addr ..read more
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What Gives You the Right to Be in This IPR? A Question OpenSky Should Have Answered
Global IP & Privacy Law
by Xiaomei Cai and Frank Bernstein
3M ago
On October 4, 2022, in a 52-page Director review decision in an inter partes review (IPR) proceeding involving recently-formed entity OpenSky Industries LLC, USPTO Director Katherine Vidal sanctioned OpenSky “to the fullest extent of [her] power” because of OpenSky’s abuse of the IPR process, including flaunting of the Director’s discovery orders. The Director applied negative inferences to find facts against OpenSky; demoted OpenSky to a subordinate role in the IPR; and ordered OpenSky to show cause why OpenSky should not be required to pay compensatory damages. These actions, plus subsequen ..read more
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