News & Analysis as of

Digital Goods

Husch Blackwell LLP

Rhode Island Division of Taxation Determines That Online Searchable Database is Taxable

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A recent Rhode Island Administrative Hearing Decision addressed whether an online database that incorporates searchable research is taxable as vendor-hosted prewritten computer software. [R.I. Div. of Tax’n, Administrative...more

BakerHostetler

Designing the ‘Buy’ Button: Clearer Disclosures, Fewer Lawsuits

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As consumers, we all sense the shift. Digital content has moved us into a world dominated by subscriptions and cloud‑based access, where we own fewer things outright....more

DLA Piper

Supreme Court Shifts The Playing Field: Lootboxes Fall Outside The Austrian Gambling Act

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In a landmark decision, Austria’s Supreme Court has held that FIFA’s lootboxes do not constitute games of chance under the Austrian Gaming Act, siding with the defendants and dismissing the player's claim – one of the first...more

Davis Wright Tremaine LLP

Stay ADvised: 2026, Issue 3

Washington CEMA Update: Proposed Legislative Response to Surge in Email Marketing Litigation - Two companion bills pending in the Washington Legislature—SB 5976 and HB 2274—would make targeted but significant changes to...more

Kilpatrick

5 Key Takeaways | Salt Update: Navigating the Complex Landscape of Sales and Use Tax Sourcing

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Chicago SALT Partners David Hughes and Jordan Goodman recently provided a SALT update during their webinar on “Navigating the Complex Landscape of Sales and Use Tax Sourcing” with AGN International. This webinar offered a...more

Kilpatrick

5 Key Takeaways | Salt Update: Navigating the Complex Landscape of Sales and Use Tax Sourcing

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Chicago SALT Partners David Hughes and Jordan Goodman recently provided a SALT update during their webinar on “Navigating the Complex Landscape of Sales and Use Tax Sourcing” with AGN International. ...more

A&O Shearman

Property (Digital Assets etc) Bill Awaits Royal Assent

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The UK Property (Digital Assets etc) Bill has completed its third reading in the House of Commons with further amendments and now awaits royal assent before becoming law. The Bill gives effect to recommendations of the Law...more

Perkins Coie

Maryland Imposes New Requirements on Businesses That Sell Digital Goods

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Key Takeaways - Maryland recently joined California in enacting new requirements that mandate clear disclosures when consumers are purchasing a license to digital goods rather than acquiring ownership. Similar legislation...more

Fish & Richardson

Is Your Trademark Registration Outdated? Why It Might Be Time for an Update.

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As technology transforms how businesses deliver goods and services, many companies are modernizing their offerings to stay competitive. But have your trademark registrations kept pace?...more

Troutman Pepper Locke

NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier — The Crypto Exchange Podcast

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In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver welcome Glenn Pudelka and Straat Tenney from the firm's Intellectual Property Practice Group. They discuss the Ninth Circuit's pivotal decision in...more

Knobbe Martens

AI, Gaming, and the Metaverse Collide: The Next Wave of Trademark Infringement in Virtual Worlds

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Over the last six months, the convergence of artificial intelligence, gaming, and the metaverse has produced a flood of innovation that is redefining brand engagement and generating a new surge of legal disputes....more

BakerHostetler

California AB-2426: The Ephemeral Nature of In-Game Assets

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If you play a game and buy a shirt for your avatar, shouldn’t you be able to keep it forever? After all, isn’t that the ultimate closet hack? Your avatar should be able to keep all their aesthetics in bits of data and no...more

Dorsey & Whitney LLP

Trade Secret Protection for Music? Wu-Tang’s Once Upon a Time in Shaolin Could Open New Doors for Monetizing Art

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In a recent ruling, U.S. District Judge Pamela K. Chen opened a new realm of possibilities for trade secret protection. Judge Chen’s order acknowledges that, at least in very rare circumstances, an album of music, even one...more

Foley Hoag LLP

What Might “100% Tariffs on Foreign Movies” Look Like?

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Key Takeaways - A 100% tariff on foreign movies could take various forms. Some are straightforward but limited (physical media tariffs), while others are broader and more disruptive (tariffs on digital transmissions or...more

ArentFox Schiff

Wu Tang’s ‘Shaolin’ Album: Court Lets Trade Secret Case Proceed

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Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album....more

Seyfarth Shaw LLP

Although the Apes are Boring, They are Protectable, Too: Court Says NFTs Are Trademarkable Goods

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Although the market for NFTs has cooled off from its heyday several years ago, digital goods are still a hot commodity. This summer, the Ninth Circuit recognized that such goods are more than mere ephemera: they are “goods”...more

Morgan Lewis

Indiana Rules AI Chatbot Access Not Subject to Sales and Use Tax

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The Indiana Department of Revenue issued administrative guidance determining that artificial intelligence (AI) chatbot services are not subject to Indiana sales and use tax. This ruling provides clarity for companies offering...more

Troutman Pepper Locke

Why Do I Need To Register My Copyrights?

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With the rise of content creation in the digital age, it is easy to think that the market has surpassed a saturation point for creative works. After all, each of these creative works does hold its own copyright automatically...more

Coblentz Patch Duffy & Bass

Monkey Business No More: Ninth Circuit Rules NFTs Are Protected by Trademark Law, Confirms the Limits of Expressive Speech...

Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more

Clark Hill PLC

Colorado Court of Appeals rules Netflix subscriptions are “Tangible Personal Property” and taxable under Colorado law

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In a significant victory for the Colorado Department of Revenue, the Colorado Court of Appeals ruled this week that Netflix subscriptions are “tangible personal property” and therefore taxable under Colorado law, reversing a...more

Orrick, Herrington & Sutcliffe LLP

New EU Directive Modernizes Defective Product Liability to Address New Technologies

The EU Commission has adopted Directive (EU) 2024/2853, which implements a comprehensive overhaul of the 1985 Directive 85/374/EEC on defective product liability (“New PLD”). The new framework, which complements Regulation...more

Akerman LLP - SALT Insights

Taxing the Intangible: Applying Conventional Definitions to Modern Digital Products

In an ongoing battle against Netflix Inc., the Colorado Department of Revenue has argued that the historical definition of “tangible personal property” is sufficiently broad as to encompass digital goods — including streaming...more

Morrison & Foerster LLP

A New California Digital Content Law Establishes New Requirements for Advertisers and Vendors

Effective January 1, 2025, California’s Assembly Bill 2426 (AB 2426) mandates that companies clearly disclose when consumers are obtaining a revocable license to “digital goods” (broadly defined to include digital audiovisual...more

DLA Piper

United States - VAT: States Searching for Uniform Solution to Tax Digital Products - Monthly Indirect Tax Alert – January 2025

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Digital goods are currently taxed in 31 states. The large market states where such products and services are generally not subject to tax, include California, Florida, Illinois, Massachusetts, New York and Virginia....more

Greenberg Glusker LLP

New California Law, AB 2426: Licensing Disclosures for Digital Goods

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Effective January 1, 2025, California law AB 2426 will require companies offering online-only digital goods to disclose that consumers are purchasing a limited-duration license, not outright ownership. This applies to a broad...more

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