The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to reach audiences presents a unique opportunity for brand partners, it also presents event integrity concerns for the International Olympic Committee (“IOC”). In prior Olympic Games, athletes have used social media to grant fans glimps ..read more

First, some context Like any other intellectual property asset, EU trade marks can be and are often used as collateral in financial transactions. However, reconciling the EU trade mark regulation (the “EU TM Regulation”) with the applicable national laws on “rights in rem” is not always straightforward, especially when the EU trade mark owner is located outside the EU. Take, for example, Spain:  it is not uncommon for the (non-EU) secured parties (in order to avoid the complexities and costs associated with doing so under Spanish law) to allow and even encourage the grant of the security ..read more

For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. It is important for brand owners to register its core trademarks (both in relation to the overall brand names and in relation to any individual products which are produced by the brand owner) in all countries where both its branded products and services are sold as well as in those countri ..read more

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of AI specific regulation; and the Whitehouse Blueprint for an AI Bill of Rights in the US. In addition to the challenge of the fast-developing nature and potential use (and misuse) of AI, a common challenge which all regulators have faced is the international ..read more

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow users to post their own content and/or to interact with other users) and internet search engines. The OSA has extraterritorial effect meaning it applies not only to providers based in the UK but also to any overseas providers of services wh ..read more

As we recently covered in this space, the Supreme Court in Abitron Austria GmbH et al. v. Hetronic International, Inc. held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. We anticipated that district courts would soon be addressing this decision in pending and future litigation. The first reported decision has now been issued by the District of Delaware, and it holds that Abitron does not prohibit a party from introducing evidence of foreign conduct in support of an infringement cla ..read more

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on the operators of online marketplaces through which products are sold in the UK. Specific proposals for online marketplaces which the government is now consulting on include: Duties for those marketplaces to co-operate with enforcement authorit ..read more

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ASA“) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “Drive carbon-neutral by filling up and using Shell Go+ today. Make the change. Drive carbon-neutral“. There were multiple complaints about the ad, challenging whether it was sufficiently clear that Shell Go+ is a loyalty scheme. The scheme permits subscribers to purch ..read more

The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain AI systems. Consequently, in April 2021, the European Commission proposed the first EU regulatory framework for AI – the Artificial Intelligence Act (AI Act). On 14 June 2023, the European Parliament approved its negotiat ..read more

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships. This blog explores some consider ..read more