The UK’s Financial Conduct Authority (“FCA”) published a “Dear CEO” letter on 28 February 2017 that requires urgent action from firms which operate a loan-based crowdfunding platform that facilitates loans to lending...more
After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various...more
FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” -
October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more
11/29/2016
/ Copyright ,
De Minimis Claims ,
Enforcement ,
Food and Drug Administration (FDA) ,
New Regulations ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Trademarks ,
UK ,
UK Brexit
Social media is reportedly rife with influencers promoting or reviewing products or services without disclosing compensation or other consideration that they’ve received for such endorsements. The Competition and Markets...more
Stateside -
Even before the uncertainties following the Brexit referendum result, a move to the U.S. was an attractive proposition for high growth UK businesses. Common language, similar culture, access to capital and a...more
The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more
8/22/2016
/ CDPA ,
Community Designs ,
Copyright ,
Digital Single Market ,
EU ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Member State ,
Referendums ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
Supreme Court Abolished Federal Circuit's Test for Willfulness -
On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
8/13/2016
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Authorship ,
Books ,
Burden of Proof ,
Collaboration ,
Copyright ,
Copyright Infringement ,
Employee Mobility ,
Enhanced Damages ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Fee-Shifting ,
Film Industry ,
Halo v Pulse ,
Harmonization Rules ,
Kirtsaeng v. John Wiley & Sons ,
Objective Unreasonableness Standard ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Screenplays ,
Seagate ,
Standard of Review ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
Unlawful Disclosure ,
Whistleblowers ,
Willful Infringement
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more
With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions...more
5/19/2016
/ Advertising ,
Advertising Standards Authority ,
CAP Code ,
Competition Authorities ,
Facebook ,
Instagram ,
Personal Brands ,
Prizes ,
Social Media ,
Twitter ,
UK
Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use -
Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more
1/29/2016
/ Barnes and Noble ,
Corporate Counsel ,
Enforceability ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Harassment ,
Instagram ,
Microsoft ,
Online Contracts ,
Reddit ,
Search Warrant ,
Section 5 ,
State Data Breach Notification Statutes ,
Terms of Use ,
Twitter ,
UK ,
Vlog ,
Websites ,
Young Lawyers
Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a...more
10/6/2015
/ Advertising ,
Celebrity Endorsements ,
Content Marketing ,
Internet Marketing ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Popular ,
Social Media ,
Social Media Policy ,
Transparency ,
Twitter ,
UK ,
Unfair or Deceptive Trade Practices ,
Vlog ,
YouTube
Earlier this month the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued its final guidance on financial promotions made via social media channels.
As we reported last year, the FCA...more
Chevy Kelly: In your opinion, what are the top three legal risks that organizations in the United Kingdom face when engaging in social media?
Sue McLean: Compliance with relevant advertising and marketing rules is a...more
In recent years, there has been an ongoing struggle between privacy and security, with many governments looking to increase their surveillance powers in the name of fighting terrorism and protecting the population. Following...more
Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more
Big data is now big business. In recent years, due to the exponential growth in the capability of technology to undertake data analytics on a massive scale, organisations have started to appreciate the potential hidden value...more
On 6 August 2014, the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued long-awaited draft guidance on the use of social media in financial promotions by regulated financial...more
Google Glass (“Glass”) is the most high profile of the new wearable technologies that commentators predict will transform how we live and work.
Until now, the Android-powered glasses were only available in the U.S....more
In 2011 the Hargreaves Review stated that in some respects UK copyright law had failed to “keep up with technological and social change”, and recommended that the UK implement all of the copyright infringement exceptions...more
On 14May 2014, the UK Government introduced a new Intellectual Property Act 2014 (the “Act”). The Act, which focuses on patents and design rights, is intended to modernise intellectual property law to help UK businesses...more
Following our post on U.S. lawsuits concerning the ownership of LinkedIn and Twitter accounts, we report on a recent United Kingdom High Court ruling that considered who was entitled to operate four LinkedIn Groups, and other...more
Today’s consumers want to engage in a new way with the companies from which they buy goods and services. Although some UK financial services organisations are leading the way in terms of their use of social media, on the...more
Businesses are increasingly using social networks and online forums for marketing, recruiting, customer service, branding and PR purposes. The UK privacy regulator, the Information Commissioner (ICO), has recently published...more