Communication Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Communication.
September 12, 2016 By GRP Rainer LLP
If a car dealership advertises with a manufacturer’s logo without being an authorized dealer, this may constitute misleading advertising vis-à-vis consumers and violate competition law.
September 12, 2016 By GRP Rainer LLP
The property “mild” can only refer to the taste when it comes to tobacco advertising. According to a ruling of the Landgericht (LG) Hamburg [Regional Court of Hamburg], the advertising might otherwise be deemed misleading to consumers.
September 13, 2016 By Barnea & Co.
Most people who think about leading global players in online security concerns think big: the United States, China, and Russia. Quietly, though, Israel has emerged as a world leader in this area.
August 19, 2016 By MMLC Group
On August 5, 2016, the State Administration of Industry & Commerce (“SAIC”), released a draft of the Regulations on the Implementation of the Law on the Protection of Consumer Rights and Interests (“the Regulations”) for public opinion solicitation. This article reviews the main issues raised.
August 10, 2016 By Hammond, Minciu and Associates
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
August 9, 2016 By The Lomnitzer Law Firm
Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but also the meanings of words like "craft" and "handmade." The outcome of some of these suits may have wider implications, impacting how certain beverages are labeled.
August 5, 2016 By GRP Rainer LLP
If certificates or marks of origin are used for promotional purposes but the products are produced elsewhere, this may constitute an infringement of competition law. That was the verdict of the Landgericht (LG) Magdeburg [Regional Court of Magdeburg].
July 22, 2016 By HG.org
Sex crimes are prevalent in each state to varying degrees. Of these, many offenders are convicted of crimes involving interactions through the internet. Some use profiles to capture the attention of specific people, while others create or distribute illegal content such as child pornography.
July 18, 2016 By GRP Rainer LLP
Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was the verdict of the Oberlandesgericht Koblenz (OLG) [Higher Regional Court of Koblenz].
July 15, 2016 By GRP Rainer LLP
The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The latter is said to have potentially abused its dominant market position.
July 11, 2016 By Respicio & Co. Law Firm
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
July 6, 2016 By Kydalov & Partners
The company name is a very important part of the business, because thanks to their names companies can promote their brand in the market, shape the perception of consumers, a name can become a trademark, etc.
.law is a top/level domain dedicated to lawyers.
The Bundesgerichtshof (BGH), Germany’s Federal Constitutional Court, has ruled that advertising for textiles need not mention their composition if the promotional brochure does not offer the opportunity to order.
In its ruling of March 16, 2016, the General Court of the European Union (EGC) confirmed that advertising for dextrose featuring health claims is not permissible (Az.: T-100/15).
Health claims pertaining to foods have to satisfy strict requirements if they are to avoid infringing competition law. That was the verdict of the Landgericht Rostock (Regional Court of Rostock) in a recent ruling.
Recent developments in the regulation of the cyber domain in Israel relating to defense export control of the cyber domain.
Companies promoting their products need to ensure that consumers have a realistic opportunity to purchase them. That was the verdict of the OLG Koblenz (Higher Regional Court of Koblenz) in a recent ruling.
By MMLC Group
China has begun enforcing its new media content regulations. This article looks at how they are being enforced and targets of recent enforcement actions.
Children are an interesting target audience in the field of advertising. That being said, it is important for businesses to be careful not to infringe Germany’s Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act).
Uganda lacks specific laws to govern the advertising business. Regulation of advertising is provided in sections of several laws.
By Bona Law PC
The elements that a party must prove to prevail on a Lanham Act Claim for False Advertising.
Have you ever noticed that when a person or business name becomes popular or well-known, there’s often an unrelated third party prepared to park or register website domains in the name of that person or business? In many such cases, the third party’s objective involves making an easy profit by holding the domains “hostage” until the rightful owner of the name or mark is willing to pay a premium for the domains. This is called cybersquatting and it is illegal.
FinTech is becoming one of the most influential sectors within the economy. It has simplified mundane and extensive tasks in many industries through technological innovation within the financial sector. Law firms are starting to benefit from FinTech through different tools, which could possibly lead to law firms becoming smaller entities as more work is left to computers.
Promotional discounts can give rise to unfair predatory competition and infringe competition law. The Landgericht Frankfurt (Regional Court of Frankfurt) prohibited a promotional discount from the provider of a taxi app for this very reason.
Given the proliferation of online material, the risks of misusing a person’s name or other information online have increased. Even obscure blogs have thousands or millions of readers. Using a person’s name or other information may subject publishers to very serious legal liability.
According to a ruling of the Oberlandesgericht Hamburg (Higher Regional Court of Hamburg), advertising with a lowest price guarantee is potentially misleading and thus anti-competitive (Az.: 5 U 160/11).
Anti-Cyber Crime Law of Saudi Arabia is ny act committed related to computer or the internet violating stipulations of this law.
The Landgericht Berlin (Regional Court of Berlin) ruled on April 14, 2015 that blanket advertising of savings is misleading to consumers (Az.: 103 O 124/14).
India has emerged as a favorite hub for cybercriminals, mostly hackers and other malicious users who use the Internet for committing crimes. As per a study conducted by Assocham-Mahindra SSG, total number of cyber-crimes registered during 2011-14 stood from 13,301 and 1, 49,254 respectively and rising at an alarming rate. In 2015, the number of cyber-crimes in the country may double up to 3 lakhs and could pose serious economic and national security challenges.
According to a judgment of the OLG Düsseldorf (Higher Regional Court of Düsseldorf), a company is allowed to use the expression “test winner” in its advertising even if it has to share this distinction with other competitors (I-15 U 24/15).
Technological advancements in social media sites and website development tools have allowed users to easily share and discuss articles and photographs across the globe. In parallel with these technological developments, various organizations have sprung up that claim to represent owners of these shared photographs. These organizations send a letter and make an excessive copyright demand. Users must understand their rights before deciding whether to succumb to such excessive demands.
Advertising many years of company tradition may be permissible and not anti-competitive despite a temporary state of insolvency. That was the decision of the OLG [Oberlandesgericht] Frankfurt (Higher Regional Court of Frankfurt) (Az.: 6 U 69/15).
"There are many harsh lessons to be learned from the gambling experience, but the harshest one of all is the difference between having Fun and being Smart." -Hunter S. Thompson
Similarly to prior years, we have a beautiful Indian summer in Poland which brings changes to our copyright law. On the 11th September 2015, the Polish Parliament passed a new legal act, which introduces some significant changes into the Polish Copyright Act. Some of them, were required by the European law; other ones were intended to meet expectations of members of the Polish domestic legal market. This article will present the most notable, newly introduced, amendments.
On October 6, 2015, the Court of Justice of the European Union handed down judgment in Case C-362/14, Maximillian Schrems v. Data Protection Commissioner, invalidating the U.S.-EU Safe Harbor arrangement.
Social media sites and privacy are somewhat inherently at odds. After all, the point of social media is to share your life with the world; the very opposite of maintaining your privacy. Still, there is a difference between sharing parts of your life and all of it. Thus, a number of legal lines have been drawn in the sand regarding privacy on social media sites.
By MMLC Group
China’s revised Advertising Law of the People’s Republic of China, effective as of 1 September, 2015, represents the first major revision since being enacted in 1995.
The European Court of Justice (ECJ) has strengthened consumer protection. Thus, food products cannot give the impression that they contain certain ingredients if this is not actually the case.
Advertising in China follows you everywhere. The fast food menu pushed into your hand on the street and the video loop warbling at you from the taxi headrest screen; to name just two of the many. But now a new law is following all that advertising, too.
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.
Police activity has been in the spotlight in St. Louis, and Nationwide since the Ferguson, Missouri riots began this past August. As riots escalated, numerous arrests were made because reporters or witnesses took out their phones to capture footage of police officers assigned to the scene. Leaving many to ask the question: Is it legal to film police officers?
At first glance, this sounds like a ridiculous question, especially in today’s world of Internet Search Engines, smart phones and attorney/ law firm websites, anyone can research and get reviews of everything from restaurants and television sets to doctors, lawyers and plumbers.
Social media continues to change how we communicate.
Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising financial services.
Most of us have fallen for it at one time or another. A website offers a “free” or reduced fee trial for its services, but asks for a credit card upfront. It tells you that your membership will automatically renew if you do not cancel before the end of your free trial. You use the service, but do not want to pay for it, so you try to cancel and get charged anyway.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
The Internet has brought many benefits to modern civilization. Unfortunately, just as with any technology, it also has a dark side. So, when a website publishes embarrassing content about you, what can you do?
Ukraine, as a potential country for doing business, is often discussed by foreign investors, despite the fact that the ratings of favorable legal environment of Ukraine is not too high. The main reason for the low ratings of favorable investment climate in Ukraine is corruption and overly regulated legal regulation of business.
Most parents are concerned with the things their children see and hear in the media. It is an ugly world out there, and while it may be inevitable that they will eventually learn about all of those things, most parents do not want their kids to see graphic violence or mature content or hear offensive language at too your an age.
There are few things that feel more violating than finding that someone has hacked into your phone or computer. When this happens, the first reaction may be to call the authorities and report the breach. But, many are surprised to find that police are not always terribly interested to hear about the event. So, what can you do if someone hacks your computer or phone?
The Americans with Disabilities Act was passed to help the United States benefit from the skills and talents of individuals who happen to have disabilities. It strives to break down barriers individuals with disabilities experienced regarding employment, public accommodations, public services, transportation and telecommunications.
Cyber-bullying has become a very big problem in America, and it is not just limited to children. Every day, thousands of people have to contend with negative, abusive, insulting, and threatening comments posted on, or linked to, their social media accounts. This has left many to wonder if there is anything they can do – from a legal standpoint – to protect themselves.
Since the rise of the Internet, the illegal sharing of music, movies, and software have been an ongoing concern. Still, not every peer-to-peer network for sharing various forms of media is illegal, and some companies have even found it desirable to begin distributing materials in this fashion. So, when is it legal to download music, movies, or software via torrents on the Internet?
How often have we heard someone say “It's a free country, I can say what I want to?” In most cases, that person is correct. But, America does not always allow free speech without constraint.
The legal profession has been changing over time, adopting new fields and challenges. Globalization, development of internet and technologies all led to the change in lives, change in the way businesses are conducted, in the way people spend their leisure time and, also, the way people commit crimes.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
Much has been made over the last few years about net neutrality. Still, most people are confused by what this term refers to and why it matters. This confusion is understandable given the misleading nature of the name, and the way it is often misapplied in the media. But, net neutrality is actually a very important concept to understand and one that could directly impact the way the Internet works and how we all use it.
Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.
A recent article in the New York Times underscores the demand clients are requiring of their law firms to step up their cybersecurity. Financial institutions, including some Wall Street banks, are asking their outside counselors to answer questionnaires of up to 60 pages, which probe the firm’s cyber security measures. Other types of corporations are also asking their legal firms to allow for internal and/or external Information Technology (IT) firms to do an audit.
When you think of countries leading the cyber-security charge, chances are that Canada is not the first name on your list. That has changed. On July 1, 2014, Canada implemented the new Canada Anti-Spam Legislation (“CASL”), which arguably is the strictest anti-spam legislation in the world.
TQM is commonly known for the principles of continuous improvement, awareness of total cost of quality, recognition that everyone holds responsibility for quality, customer orientation/focus, process orientation, commitment of senior management etc. However, quality has been commonly associated with industries where it originated and not with services which are difficult to measure, evaluate and apply a zero-defect concept to.
In our modern, connected age, it seems everyone has a tablet or laptop computer that they use on a daily basis. These computers usually have built in webcams and microphones which, while very useful for legitimate purposes like video calls, can also be a vehicle for embarrassment, identity theft, and spying on your most intimate moments. So, what does the law have to say about using someone's webcam or computer microphone to spy on them?
Over the last few years, a number of unscrupulous websites have developed around Americans' increasing comfort with sharing private, intimate photos with one another. While the photos are usually not intended for public consumption, often after a rough breakup or other event in which the recipient is left unhappy, that person will post those photos for the world to see. But is this legal? More importantly, can the site where the photos are posted legally charge you to take them down?
Everyday, millions of people login from all over the world to experience various virtual worlds. Some are part of a video game, others are intended to allow for social interactions, and still others include elements for commercial dealings. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. This has led many to ask whether the laws of the real world can or should apply to virtual world problems.
With the rise of social networking, many have lost some of their concerns about personal privacy. Indeed, millions of Americans share the intimate details of their lives with an audience of dozens to thousands to sometimes even millions of people everyday, and think nothing of it. But what happens when someone begins to use this information against you? Are they violating any laws by following you online or bothering you on the Internet?
Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?
On Requirements Set by the European Federation of Pharmaceutical Industries and Associations (EFPIA)
Starting in 2015, the pharmaceutical companies - EFPIA members shall comply with the requirements regarding the disclosure of information on the transfer of value to Healthcare Professionals and Healthcare Organizations.
It is the end of a long week, and you find yourself at home wishing you had something to do. But, tired of being a fifth wheel to all of your friends in relationships, you decide it is time to join the millions of other people who are online looking for a date. Unfortunately, some of those millions may not be real people after all. Is it legal for dating sites to use fake content to lure in new members?
In this modern digital age, it is often common for romantic partners, particularly those in long distance relationships, to exchange revealing photos of one another. These photos are often intended for the eyes of the receiver only. But, how can you be sure? What happens if you break up or the other person turns out to be less discrete than you had hoped? Is it illegal for someone to share those photos with others?
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two decades to allow more and more freedom for attorneys wishing to advertise their services just like any other profession. However, the rise of new technology has presented a new twist and new source of liability for attorneys wishing to advertise online.
When consumers see or hear an advertisement on the Internet, radio, in print, on a billboard, on television, or anywhere else, federal law says that the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
Many will long remember the death of Princess Diana in 1997. She passed away as a result of a fatal car crash during a high-speed paparazzi chase. This led to a number of laws in both England and America relating to the paparazzi.
It seems like the headlines are constantly filled with new stories of politicians quite literally caught with their pants down in scandals with prostitutes. This often raises the question of why we do not treat prostitution in the same was as pornography. Why is sex for money okay in one setting and not another?
Google search now makes up nearly 95% of all consumer searches for local businesses. As a lawyer that relies on a steady stream of local clients, you can’t afford to leave search engine marketing out of your lead-generation repertoire.
There is scarcely another field of law that has grown so much in importance over recent years as IT law. People come into contact with this field both from professional and private perspectives on an almost daily basis.
We have all seen commercials making claims that our common sense told us simply cannot be true. For example, miracle weight loss supplements or exercise equipment. And yet, somehow these commercials make it to television and are not immediately removed as part of a lawsuit. How is that? What is the difference between false advertising and simply inflating the truth about your product (a practice called “puffing”)?
Considered by many to be the most important rights established by the United States Constitution, the First Amendment rights cover some of the most fundamental freedoms Americans enjoy. They include free speech, press, religion, petition, and assembly. These rights are fiercely protected but also not without limitation.
Defamation is when someone tells one or more persons an untruth about you, and that untruth harms your reputation. Defamation is the general term, while slander and libel refer to particular types of defamation. Libel is a written defamation, and slander is verbal. There are three key factors to consider when deciding whether a defamatory statement should be taken to court.
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
A basic insight into the laws of technology and communications in Malaysia.
Google has certainly had some experience dealing with take-down requests in the past – primarily dealing with copyright infringing content – but nothing was to prepare it for the overwhelming influx of requests it reportedly received following the ECJ ruling on the subject last week.
Last week a district judge in New York ruled that US authorities can access and search through electronic data stored by US companies on servers based outside the US.
Azerbaijan is creating its electronic court system. The President of the country issued the respective order (the “Order”) back few months ago . The Order lists the elements of the system. It should include electronic filing, case tracking, notifications, electronic cabinet etc.
Combined offers are when merchandise, often of high quality, is offered at an extremely low price and only in connection with the purchase of a main product. This sales method is increasingly used by some companies as a marketing strategy.
Freedom of expression is guaranteed for all in the State of Kuwait under many laws that may be some of its most important articles are included in the articles of the Constitution of The State of Kuwait and the other laws organising this matter.
Broadcasting and telecommunication has come a long way in Nigeria. Formally these services were considered social services in nature hence private companies were foreclosed from participation of any kind. This article will explore these procedures, conditions for grant, refusal, renewal and withdrawals of these licenses.
While watching television recently, I came across a commercial involving dangerous stunts. The stunts were so dangerous and over the top that the producer included legal disclaimers to the effect that “You should not try this at home!” What would happen, I thought, if somebody injured themselves after watching such a stunt? Could a legal claim for negligence survive against the broadcaster or producer?
What is Good Legal Content? Good Legal Content is content that serves two purposes, one it gains the attention of the reader, hopefully one who is a potential client. The content gives them enough information and intrigues them enough to make them want to contact your office for more information, or better yet a consultation.
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
Advertising is part of daily life, from street posters, print ads, and online campaigns to indirect advertising such as promotional events. A variety of laws dictate what may or may not be advertised or marketed and in which ways.
If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.
The Telemedia Act (TMG) requires that an e-mail address is provided as part of the “site notice” (Impressum) of an Internet website. An online contact form alone is not sufficient.
The State of Serbia regulates advertising on several levels, from the Constitution to statutory rulebooks, showing adequately its interests in ensuring that the law on advertising maintains a fair environment for commerce. The various regulations grant rights as well as impose obligations, providing for liberties as well as restrictions.
The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among consumers.
Advertisements with customer reviews and ratings must not lead to a distorted, positive image of a company.
In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European Commission adopted a package on 24th July 2013.
The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.
The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance with the new regulatory requirements for direct marketing under the new Part VIA of Hong Kong’s Personal Data (Privacy) Ordinance which came into effect on 1 April 2013.