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EU Member States on notice - insufficient DSA implementation

The European Commission is pushing for the implementation and enforcement of the Digital Service Act (DSA). It is now taking action against six Member States that failed to appropriately establish their national authorities,...more

The sorcerer’s apprentice conundrum: Generative AI content under the EU DSA and UK Online Safety Act

“My lord, my need is sore! Spirits that I've cited my commands ignore.” Are today’s AI solutions like Goethe’s bewitched broomsticks – which the sorcerer’s apprentice has called to life and then desperately tries, in vain, to...more

2023 Annual Retail and Fashion Holiday Guide

Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more

CJEU confirms the limitations of MS’ powers to regulate online services providers based in other MS

On 9 November 2023, the Court of Justice of the European Union has rendered a landmark decision which reiterates the ‘country-of-origin principle’ and paves the way for more legal certainty for providers of information...more

DSA flash: What’s new in November 2022?

The EU Digital Services Act with its wide-sweeping regulatory regime for all types of online intermediaries active in the EU was published on 27 October, resulting in its upcoming entry into force on 16 November 2022. What...more

Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

Digital assets and NFTs being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trademark applications covering virtual goods and NFTs, the regulatory classification of which is...more

Finally some clarity? CJEU declares Art. 17 DSM-Directive to be in line with fundamental rights.

Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more

[Webinar] Safeguarding minors in the gaming and esports space - September 29th, 8:00 am PDT

Whether it’s through mobile gaming or live streaming, young people are spending more time than ever participating in the virtual world. Yet, in-game chat functionality, online trolls, loot boxes and advertising are posing...more

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

EU Copyright Directive: Further clarity on Art. 17 at EU level but also national concerns

While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next two weeks with the guidelines of the EU Commission on Art. 17 of the DSM...more

esports – gearing up to play in the pro leagues!

esports are so much more than an innovative, rapidly growing competitive sports discipline: from a brand owner and investor perspective, esports also provide truly global multi-channel opportunities for unique marketing and...more

TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving...more

CJEU: Castles, candy, candlesticks – no happy end at Neuschwanstein?

Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern - King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of...more

Scottish glens, German whisky and the question: Are you befuddled?

Court of Justice of the European Union, judgment of 7 June 2018, C-44/17 - Glen is a Gaelic word with a wonderful lyrical sound to it and reminiscent of idyllic remote Scottish valleys with the mists from the last rain...more

Adblocking reloaded: No unfair competition, says German Supreme Court

Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) - The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free...more

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