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Too Good a Deal? JC Penny Hit with Class Action Suit Over False Reference Pricing

Competition in the world of online sales is intense, but companies that used inflated original prices to lure customers face consequences. JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” The three-count complaint claims the nationwide … Continue Reading

IP Protection of NFTs: A Comparative Look at the US and China

The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers … Continue Reading

UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another … Continue Reading

ISPs and Anonymous Users Rejoice: DMCA 512(h) Subpoena Subjected to First Amendment Scrutiny

Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the Digital Millennium Copyright Act (“DMCA”). Specifically, in In re DMCA § 512(h) Subpoena to Twitter, Inc., N.D. Cal. Case No. 20-mc-80214, district judge Vince Chhabria … Continue Reading

China: Alternative Strategies to Trademark Enforcement against Parallel Import of Cosmetics by Unauthorized Sellers

E-commerce platforms are full of Chinese traders selling foreign cosmetic products they purchased at a lower price outside China. These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official … Continue Reading

Bombshell Ruling Puts Amendments to Click-Wrap and Terms of Use Agreements in Question

In a potentially industry-changing ruling, Judge Gilliam of the Northern District of California ruled that amendments to click-wrap agreements, like Dropbox’s terms of use, are invalid unless the user had to manifest assent through some act more than continued use of the service: Defendant essentially argues that it contracted for the right to change the … Continue Reading

Platform to Business Regulation – Now in Force

Since 12 July 2020, the Platform to Business Regulation has been directly applicable in the UK and all EU member states. However, with Brexit worries and the COVID-19 crisis having an ongoing impact on business in the digital sector, the new rules have passed many by. Now is the time to ensure compliance. The Regulation … Continue Reading

Check In On Your Terms

  The Competition & Markets Authority (CMA) has recently launched its “Small Print, Big Difference” campaign which encourages travel businesses to be upfront and clear with consumer customers. Although the campaign has been launched with a holiday and travel focus (following the CMA’s investigation into online hotel booking websites), and is supported by ABTA, many … Continue Reading

Online Traders Falling Short of EU Law Standards for Consumer Protection

The EU Consumer Rights Directive (the Directive) came into force in 2011 and was implemented in the UK by the Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013. Its aim is to protect consumers when shopping ‘away from business premises’, and is often most applicable when shopping online. It sets out minimum information requirements … Continue Reading

“Platform to Business” Draft Regulation Announced

In a press release published on February 14th, 2019, the European Commission announced, as part of the Digital Single Market strategy, a draft regulation aimed at creating a fair, transparent and predictable business environment for businesses and traders when using online platforms. The new rules are underpinned by an impact assessment that incorporates evidence and … Continue Reading

Online sales and current rules under antitrust regulators’ scrutiny

Both the importance of online sales and their scrutiny by antitrust regulators in the EU show no signs of abating. The European Commission’s (EC) E-commerce report, published in May 2017, highlighted the shift in the online commerce market, specifically noting an increase in the use of selective distribution models (where brand owners require their products … Continue Reading

Restricting trading restrictions: the Geo-Blocking Regulation

In early December 2018, the Geo-Blocking Regulation 2018/302 (the Regulation) came into force across the EU, with the aim of creating a single digital market by banning unjustified geo-blocking (the blocking of access to websites to individuals based in certain territories) and other forms of discrimination based on customers’ nationality, place of residence or establishment … Continue Reading

Anti-counterfeiting operations plan to tackle intellectual property crime

Counterfeit goods now account for up to 2.5% of world trade and 5% of imports in the EU and are a significant problem for many industries in a rapidly evolving digital world. As businesses are aware, tackling IP infringements in counterfeit goods by law enforcement alone is not always effective. Therefore, it will be welcome … Continue Reading

In re Tomahawk and the Securities Law Implications for Airdropped Tokens

The legal status of cryptocurrency token airdrops under U.S. securities regulations remains a topic of great interest.  Many issuers wonder if they might use airdrops to avoid scrutiny of their token under U.S. securities regulations.  While the definitive answer remains unsettled, a recent order from the SEC suggests it may (rightly or wrongly) treat airdrops … Continue Reading

SEC and CFTC Offer Views on Regulation of Virtual Currency

On February 6, 2018, SEC Chairman Jay Clayton and CFTC Chairman Christopher Giancarlo provided testimony on virtual currencies to the U.S. Senate Committee on Banking, Housing, and Urban Affairs. Below we provide a summary of the written statements and testimony and analysis for participants in the virtual currency and blockchain spaces. New Possibilities, New Risks Takeaway:  … Continue Reading

Digital Single Market: EU negotiators agree to end unjustified geoblocking

The European Commission has issued a press release announcing that the European Parliament, the Council and the Commission have reached a political agreement to end unjustified geoblocking for consumers wishing to buy products or services online within the EU.   Geoblocking occurs when a customer is treated differently based on their nationality, place of residence or location … Continue Reading

IP addresses constitute personal data according to the CJEU

In a decision dated 19 October 2016, the Court of Justice of the European Union (CJEU) has provided much needed clarification on a long-standing issue in EU data protection law. A German politician brought an action concerning websites operated by the Federal Republic of Germany that stored personal data, including IP addresses, on logfiles for two weeks.  … Continue Reading

New information obligations on EU businesses selling to consumers

UK businesses selling goods or services to consumers need to be aware of some new consumer protection legislation that is now in force.  The legislation requires these businesses to give certain information to their customers and to revise their complaints handling procedures.  The legislation originates from the EU meaning that businesses established in other EU … Continue Reading

A Sucking Sound on Domain Names: .SUCKS is Open for Registration

The .SUCKS registry is perhaps the most controversial of the new generic top level domains (gTLDs), which the Internet Corporation for Assigned Names and Numbers (ICANN) has continued to roll out. Trademark owners should be aware of the .SUCKS registry and factor it into their trademark protection strategy. Yet the first “sucking” noise brand owners … Continue Reading

Excellent Summary of the FCC’s Net Neutrality Order

With much publicity, the FCC recently released its Open Internet Order laying out the its revised net neutrality rules.  In an historic change of position, the Order, among other things, (1) reclassifies retail broadband internet access as subject to “common carrier” regulations, (2) imposes prohibits from giving preferred customers a “fast lane” to end-user customers, … Continue Reading

Website Terms of Use: Website Owners Beware of Pitfalls Leading to Unenforceability

Companies typically include a “Terms of Use” on their websites, which essentially serves as a contract between the company and the website user regarding the user’s use of the website.  Online Terms of Use are typically presented to consumers in a couple of different forms (more on that below). Companies with websites targeted to U.S. … Continue Reading

Consumers given new powers in the latest consumer law reforms

UK consumer protection laws change again today (1 October).  The Consumer Protection (Amendment) Regulations 2014 (the “Regulations”) come into force.  They give consumers a new direct right of redress against traders who commit certain breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT).  This development shifts the balance of power in favour of … Continue Reading

.LONDON domain name to launch on 29 April 2014

What is it?  A new top-level domain name (TLD) permitting registration of (brand).LONDON, with priority given to London businesses, organisations and individuals.  Anyone with a presence or interest in London should consider seeking to register a .LONDON domain name.  It is expected that domain names will be allocated by August or September 2014. Who is … Continue Reading
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