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Over the last decade, advertising has changed dramatically, with social media platforms gaining in importance compared to traditional outlets. In particular, brands have sought to market to younger demographics via platforms such as Facebook and Instagram in order to reach potential customers that typically consume far less traditional media than older generations. Regulatory bodies have had to move rapidly to adapt to this fast-changing area, issuing new regulations, creating guidance documents, and investigating influencers for…
The implications of AI for intellectual property law have clearly been on the minds of regulators recently, with the World Intellectual Property Office holding an ongoing conversation on the topic (at conferences in September 2019 and July 2020) and the US Patent and Trademark Office launching a call for views (the results of which were recently published). The UK Intellectual Property Office has already played an active role in this discussion, hosting a…
The UK Gambling Commission (UKGC) last week launched a consultation on the industry’s customer interaction requirements and how remote operators are implementing these to protect potentially vulnerable customers from gambling-related harms. Hot on the heels of the recommendations made in July’s report from the House of Lords Select Committee on the Social and Economic Impact of the Gambling Industry (the HoL Report), and June’s report from the Gambling Related Harm All Party Parliamentary Group (the…
In 2019, the Dutch betting and gambling authority (Kansspelautoriteit) (Gambling Authority) imposed an administrative order subject to a penalty of up to 5 million euros on Electronic Arts Inc. and Electronic Arts Swiss Sàrl (EA) for its ‘packs’ in the FIFA football game. According to the Gambling Authority, ‘packs’, i.e. loot boxes, are a violation of the Dutch Betting and Gambling Act. The Gambling Authority imposed an order on EA to remove ‘packs’ in their…
See Part 2 for Theo Rees Bidder’s look at the practical considerations of the case here In April 2018, The Sun published an article online with the title “GONE POTTY How can JK Rowling be ‘genuinely happy’ casting wife-beater Johnny Depp in the new Fantastic Beasts film”. The article, written the paper’s executive editor Dan Wootton (the second defendant in this action) discussed a backlash against the Harry Potter author for casting Depp, despite allegations…
See Part 1, for William Wortley’s analysis of the High Court’s judgment here Johnny Depp may have been forgiven for thinking his time playing Sweeney Todd would be his most gruesome experience on Fleet Street in central London, the location of Todd’s infamous Victorian barber shop.  Little did Depp know that 13 years following the release of that widely acclaimed film, he would endure his own harrowing experience just a few doors up from Todd’s…
It is the first regulation involving advertising on social media that refers to influencers, and will come into force on 1 January 2021. Up until now there has been some uncertainty in relation to these advertising activities. From January 2021, the companies affiliated to AEA or Autocontrol, as well as companies and influencers that adhere to the Code, must comply with its rules, including referring to the Code when fulfilling contracts. The names of companies…
Introduction In February 2019, the Dutch Senate adopted the Remote Gambling Bill (Wet Kansspelen op afstand) (the “Bill”). This Bill modernizes the Betting and Gaming Act (Wet op de kansspelen), legalising online gambling in the Netherlands and regulating services provided to gambling operators, including advertising and payment services. So, with the entry into force of the Bill it will become possible to obtain a license for both ‘offline’ (landbased) and online games of chance in…
For those who fall outside of the 2.5 billion people across the world who are into gaming, League of Legends (LoL) is a team-based strategy game where two teams of ‘champions’ battle it out to destroy the other’s ‘base’. Released in 2009 by Riot Games, LoL has become the most-played PC game – and the biggest esport – in the world. Of its three annual international events, the pinnacle is the League’s World Championship…
Context to the decision Historically, the organisers of sporting events and the official distributors of live data from those events have had to rely largely on a combination of database rights, website terms and conditions and the enforcement of ticket terms and conditions against data scouts to protect the value of their data. The claim originally brought by The Racing Partnership (“TRP”) sought to protect the exclusivity and the value of its raceday data. TRP…