International Trade Communications & Media

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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Keyword ads — Only infringing if they’re confusing

Neighbors can be helpful. Our Canadian neighbors may have just helped U.S. trademark owners who wonder about the legality of use of their trademarks in Google AdWords ads, and other search-engine keyword ads....more

DSM Watch: Germany suggests ramping up regulation of Digital Platforms by establishing a “Digital Agency” with a robust antitrust...

Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against...more

Lessons from the Historic ZTE Enforcement Action

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement agreements with the United States, agreeing to pay $892 million for violations...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

Brexit ahead for TMT …8 months on

Eight months ago, just before the Referendum, I anticipated the implications of a Leave vote for the sector. Today sees the publication of the first results of the Hogan Lovells "Brexometer", which will track the attitudes of...more

FCC Approves First 100% Foreign Owner of US Broadcast Stations

On March 31, 2017, Frontier Media, LLC will close on its purchase of 15 radio stations (8 FM/7 AM) in Alaska, Texas and Arkansas, becoming the first 100 percent foreign owned entity to own U.S. broadcast stations. The Federal...more

Implications of EU Ingredient Labeling Proposal for US Suppliers

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and...more

Impact of the Act No. 2016-1321 Dated 7 Oct. 2016 for a Digital Republic on Online Intermediation Platforms

The French Act No. 2016-1321 of 7 Oct. 2016 for a Digital Republic (the “Digital Republic Act”) amends the existing framework for online intermediation platform created under Article L.111-5-1 of the French Consumer code by...more

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

ZTE Settlement Highlights Broad Extraterritorial Application of U.S. Sanctions and Export Controls to Non-U.S. Companies

On March 7, U.S. authorities settled criminal and civil proceedings involving Zhongxing Telecommunications Equipment Corporation and certain of its affiliates ("ZTE"). ZTE is the largest publicly traded telecommunications...more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

Your Daily Dose of Financial News

Financial transaction provider Euronet Worldwide’s made an unsolicited bid to acquire MoneyGram for about $1 billion in cash, throwing a wrench into Ant Financial’s plan to use MG as a way to break into the US market and...more

“Made in the USA” Claims

Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Defamation and data protection claims can be brought in parallel

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

German Justice Department Publishes Bill Requiring Social Networks to Implement Takedown Procedures for Illegal Content, Work with...

Recent media reports indicated that Germany was considering legislation that would fine social networks for failing to combat fake news and hate speech. Today, German Justice Minister Heiko Maas introduced a “Draft Law to...more

Indonesia Implements a Safe Harbor Policy for E-Commerce (Marketplace) Platforms

In light of rapid developments in the e-commerce industry in Indonesia, the Ministry of Communication and Informatics ("MOCI") issued Circular Letter No. 5 of 2016 on the Limitations and Responsibilities of Platform Providers...more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

ZTE Is Assessed $1.19 Billion in Penalties for Criminal and Civil Violations of Export Control and Economic Sanctions Laws and...

On March 7, 2017, the U.S. government announced that China's Zhongxing Telecommunications Equipment Corporation and its affiliate, ZTE Kangxun Telecommunications Ltd. (collectively "ZTE"), have agreed to a global settlement...more

Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

Last week, the Texas Alcoholic Beverage Commission (“TABC”) circulated a draft amendment of Texas’ name and address labeling regulation for “malt beverages” (beer). ...more

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

The EU’s New Data Protection Regulation – Are Your Cybersecurity and Data Protection Measures up to Scratch?

In the context of increasing cyber-attacks on major corporate organisations, small businesses and government, data protection and cybersecurity is a hot topic. Added to this, the GDPR—a strict new regulatory regime in...more

Judge gives .AFRICA the green light to proceed

As previously reported here, the Internet Corporation for Assigned Names and Numbers (ICANN) has been sued by the disgruntled new generic Top Level Domain (gTLD) applicant, DotConnectAfrica, in order to prevent the delegation...more

FCC's Halt Of Privacy Rule Signals Net Neutrality Reversal

Timothy Toohey was quoted in a Law360 article, March 2, 2017, discussing the Federal Communications Commission’s vote to prevent certain elements of privacy regulations from taking effect on broadband providers and signaling...more

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