Communications & Media Updates

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FRANCE: French Legislation on Evening Advertising on Public Channels: Should We Expect Another Shift in Policy?

It has been five years since the French government decided to ban advertising at night for public-service television channels. Indeed Article 28 of law No. 2009-258, dated March 5, 2009, prohibited the broadcasting of...more

Guide To Doing Business in Australia: Intellectual Property

Intellectual Property: There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more

FCC Sets Dec. 15 Deadline for Special Access Data Collection Submissions

December 15 is now set as the deadline by which nearly all cable operators, telecommunications carriers, and many others must respond to an extensive FCC special access data collection, per an Order on Reconsideration...more

Are You Ready? The EU “Cookie Sweep” Is Upon Us

This week, European authorities will be conducting a "cookie sweep" consisting of random checks of websites to ensure that they are complying with European Union (EU) "cookie" laws....more

Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of...more

Yikes, Yelp! Targeted In FTC’s Stepped Up Enforcement of Children’s Privacy – General Audience Services Take Heed

Signaling a predicted renewal of enforcement of the federal children’s privacy law following broad expansion last year of who and what is covered by the rules, the FTC has filed and settled two recent law suits against mobile...more

New California Law Strengthens Consumers’ Right to Post Online Reviews

Earlier this month, California became the first state to pass legislation that further protects a consumer’s right to post a truthful review online. AB-2365, authored by State Assemblyman John A. Perez, was signed by Governor...more

The Celebrity Hacking Scandal and You: 3 Takeaways for Everyone

By now we all know a hacker accessed the personal iCloud accounts of dozens of A-list celebrities and leaked nude photos of stars such as Jennifer Lawrence, Kate Upton, Kirsten Dunst, and Victoria Justice. The anonymous...more

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more

Can a comment on a blog post be defamatory?

Defamation law continues to be in the news, with actions recently being threatened or commenced against municipal and provincial politicians in Ontario. The rise of the internet as a medium through which anyone can (and many...more

NIST Vetting Guidance Valuable for Health Care Organizations Seeking to Use Third-Party Apps

The mobile app and wearables market in health care is booming, most recently evidenced by Apple’s entry into the market with its widely-anticipated “HealthKit,” a purportedly secure platform that allows mHealth apps to share...more

Fox News v. TVEyes Copyright Fair Use Decision: A Quick Read for the Busy Practitioner

Last week, Judge Alvin Hellerstein of the Southern District of New York issued his opinion Fox News v. TVEyes. Fox News claimed that TVEyes’ media monitoring service was copyright infringement. TVEyes argued that it was fair...more

(Yet another?) LCN Consultation!

A new consultation? Well, strictly speaking, not, although it feels like it. As discussed in our post of last week, the Consiglio di Stato (Administrative Supreme Court) issued a Decision no. 4541/2014 on the LCN,...more

A Brave New World? Recent Challenges Facing Foreign IT Companies in China

On September 1, 2014, China’s Ministry of Industry and Information Technology (MIIT) issued the Guiding Opinions on Strengthening Network Security in the Telecommunications and Internet Sectors (the “Opinions”). Issuance of...more

Industry still foggy about crowdfunding nearly one year after adopting Rule 506(c) and eliminating the ban on general solicitation

As we mark the one-year anniversary of the adoption of Rule 506(c) and the elimination of the ban on general solicitation and general advertising, I filter through the discussions taking place among crowdfunding...more

Inside or Outside? How to Best Perform Your Company’s Social Media Background Check

No employer wants its employee’s bad behavior at work to become the next viral video. So it is not surprising that more employers have started using social media in the hiring process to screen out candidates who post...more

Lawyers for multiple small companies have accused search engine giant Google Inc. of stealing from their clients’ trade secrets

In the past lawyers for multiple small companies have accused search engine giant Google Inc. of stealing and profiting from their clients’ trade secrets. In the case of VSL Communications, their lawyers claim that Google did...more

Why Are Companies Getting Sued Under the Video Privacy Protection Act? - Minimizing Your Company's Risk of a VPPA Lawsuit...

Plaintiffs' class action attorneys have filed a cascade of recent Video Privacy Protection Act (VPPA) suits against major brand names. These suits can present a significant exposure because the VPPA provides for statutory...more

Protecting Your Trademark in the United States

Protection Mechanisms in the United States. After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more

Recent Amendments to the Procedure of Personal Data Processing in Russia

Federal Law No. 242-FZ "On Amendments to Certain Legislative Acts of the Russian Federation for Clarification of the Procedure of Personal Data Processing in Information and Telecommunication Networks" (the "Federal Law No....more

Proper Trademark Selection to Create a Strong Brand

What a Trademark is and What it Does. A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more

Status Updates - September 2014 #5

..School discipline. The California legislature has passed a law that, if signed by Gov. Jerry Brown (or not vetoed by him before the end of September), would significantly expand privacy protections for students from...more

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative...more

Plaintiffs Sent Back to the Drawing Board in Mislabeling Suit Over “All Natural” and “Fat Free” Claims on Frito-Lay Rold Gold...

Judge Samuel Conti of the Northern District of California recently issued another blow to class action plaintiffs—this time at the motion to dismiss stage—in Figy v. Frito-Lay N. Am., Inc., Case No. 13-3988-SC (N.D. Cal. Aug....more

Guidelines to Avoid False Advertising

When making an advertisement, what is okay? • Identifying a competitor’s product in the advertisement to make a true comparison • Making a true statement about your product or a competitor’s product that is...more

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