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Category Archives: Unfair Competition

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Total Brand Care: New ways of getting it wrong – competition law in a world of data

Anti-competitive behaviour can impact a brand in many ways. Restricting competition will lead to significant financial penalties, which will affect the brand-owner very directly. But beyond the financial risks, many things associated with competition law violations are viewed by consumers as something extremely negative, which impacts on the reputation of the brand, as well as

Hong Kong relaxes regulations on product placement: Episode two

The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television

China’s Advertising Law – That fine is (chest)nuts!

In a recent decision, a Chinese court imposed a fine lower than the statutory range under the Advertising Law of the People’s Republic of China (as amended in 2015) (“Advertising Law“). This suggests that courts retain certain discretion in reducing statutory sanctions under the Advertising Law. This decision, while not binding on other courts and

Total Brand Care Series: 12 June – Protecting and enhancing your brand’s value is much more than just a trade mark issue.

London: 12 June 2018, 08:30 – 18:30   Join us on 12 June for a seminar specifically designed to help you consider the diverse commercial and legal matters that impact positively and negatively on brand value and the overall success of your business. Topics will cover: Collecting, using and protecting customer data Protecting your brand

Japan: Defendant shelved – IP High Court judgement finds for unfair competition

The Intellectual Property High Court (IPHC) rendered a judgement on 29 March 2018, granting a permanent injunction on the sale of shelving units marketed by the defendant. The IPHC found that the shelving units had similar characteristics to shelving units marketed by the plaintiff, and thus violated the Japanese unfair competition regulation. Both parties are

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 competition rules. On 19 April, the German Federal Supreme Court (BGH) handed down its landmark ruling on the legality of adblocking

Hogan Lovells Expands IP Practice with Addition of Prominent Trademark Lawyer Julia Matheson

We are pleased to announce that leading trademark lawyer Julia Anne Matheson, who specializes both in portfolio management and disputes, has joined the firm as a partner in Washington, D.C. Matheson joins Hogan Lovells after nearly 24 years with the respected IP firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. “Julia is one of the

Cross-border parcel delivery – European Parliament approves the regulation proposal

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no pan-European online market can exist without a functioning delivery system covering the entirety of the Union. A draft regulation on this

Hong Kong seminar review: What to say and what not to say – navigating the increasingly complex advertising laws

On 30 January 2018, our Hong Kong office hosted an interactive discussion on the increasingly complex legal landscape of advertising activities in Hong Kong and China. Partner Eugene Low and our guest speaker, Dr. Albert Ho, practising barrister and former Assistant Commissioner of the Hong Kong Customs and Excise Department, provided their insights on some

#unfaircompetition – limitations to influencer marketing under German law

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company using an influencer to post advertising on Instagram may be liable for failing to clearly indicate the underlying commercial purpose even

Life Sciences: Spotlight interview on false advertising claims in Europe

Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products. Preliminary injunctions in Germany Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In

Pharma advertising in Italy – Online publication of OTC medicinal products list, prices and reimbursability

The Court of Milan held in a Judgment recently handed down in the proceedings brought by Bayer S.p.a. against the generic manufacturer DOC Generici S.r.l. that online publication of over-the-counter (OTC) medicinal products in the manner specified in the proceedings is in breach of Italian law on advertising of medicinal products and amounts to an

Germany: Federal Network Agency imposes record fine for cold call advertising

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG

US Webinar: TCPA for the boardroom – An executive focus

Please join us on May 12 for an interactive webinar led by representatives from Hogan Lovells’ extensive Telephone Consumer Protection Act practice, including IP partner Zenas Choi. Together, they will help your executive team assess: –          Major risk drivers and key factors for strategic decision making. –          Recent litigation and regulatory developments. –          The election

US: How to avoid the FTC not “liking” your next campaign

The US Federal Trade Commission is clamping down on native advertising and the use of endorsements on social media. This article, first published in Managing IP, outlines a settlement which provides a number of lessons for brand owners. As advertisers are relying more heavily on social media platforms to create buzz around new products and services, a

Hamburg – Brands & designs update event (German language)

On 16 February, the Hogan Lovells “Marken & Designs Team” present a retrospective summaryof the decision-making practices of the German/European courts and IP offices in 2016 as part of its established brands and designs update series. In a concise and practical way, we’ll give you a comprehensive overview of the most important decisions and trends in the areas of

Vloggers now also followed by the Dutch Media Authority

Vlogging (“video blogging”) has become extremely popular over the last couple of years. It does not come as a surprise that considerably more companies seem to find their way to vlog-advertising. During her Television interview on the well-known Dutch TV Show “Kassa” of Monday 21 November 2016, Mrs De Cock Buning, chairman of the Dutch

V-log: Technical standards slipping? Unfair competition claims can come into play

In this IP Enforcement Focus v-log, we highlight the key take-aways from a recent German Supreme Court decision dealing with unfair competition claims based on non-compliance of technical standards where the specific consumer is protected. Harmonised European standards set the bar for German law in this case, meaning that the implications widen to cover a range of jurisdictions

Vietnam: New jurisdiction on LimeGreen IP Knowhow

We’ve added Vietnam to the jurisdictions on Hogan Lovells’ LimeGreen IP. You can find three new topics focused on guiding you through the following areas of IP law in Vietnam: Copyrights Protection In accordance with Vietnamese IP Law, the author and copyright holders are defined as (i) Vietnamese organizations and individuals; (ii) foreign organizations and individuals whose works to be protected were

Germany: First inroads against adblocking

Eyeo ordered on appeal to whitelist Axel Springer media for free on AdBlock Plus German media house Axel Springer has won a first significant victory in the adblocking battle that has been keeping the digital advertising industry on its toes for over a year now. Read up on the procedural history between German media houses