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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Advertising

Posted in Advertising Anthonia GhalamkarizadehEugene Low

Webinar recording: From homes to stadiums – Brand presence in esports

Last month, our IP Outlook webinar series looked at the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items.The recording of the webinar is now available to watch here.

What are esports?

Esports refers … Continue Reading

Posted in Advertising, Internet, Technology Dr. Ricarda BraunKerstin JonenDr. Martin Adrian Koch

Spring fever at the IP Lounge 3.0 on influencer marketing

On 11 April 2019 our Düsseldorf office hosted its third IP Lounge. The IP Lounge is an event planned and hosted by our younger associates and particularly addresses “Young Professionals” to provide a time and place to get to know each other and exchange ideas.

This time, the hot-topic “Influencer-Marketing” was discussed. Dr. Ricarda Braun, Kerstin Jonen and Dr. Continue Reading

Posted in Advertising, Data Protection & Privacy, Digital Single Market (EU) Christelle Coslin

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act.

In this … Continue Reading

Posted in Advertising, Broadcasting, Entertainment & Content, intellectual property, Internet, Technology Eugene LowAnthonia Ghalamkarizadeh

Webinar: From homes to stadiums – Brand presence in esports

On 27 and 28 March, our global IP team will take a look at some of the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items (see earlier post here). Esports refers … Continue Reading

Posted in Advertising, Data Protection & Privacy, Policy & Regulation Julian Flamant

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

Episode two: Hong Kong relaxes regulations on product placement

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 Programme … Continue Reading

Posted in Advertising Anthonia Ghalamkarizadeh

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 (BGH, file number I ZR … Continue Reading

Posted in Advertising, e-commerce Anthonia GhalamkarizadehThomas Richter

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

Hogan Lovells assists PayPal in securing an important victory for German retail

Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch)

The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free for all to use in commerce, … Continue Reading

Posted in Advertising, Internet, Policy & Regulation, Technology Peter WattsOliver Wilson

House of Lords issues report on digital advertising market

Yesterday the House of Lords published a report into the UK’s digital advertising market.  It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing workforce skills and attracting international talent; and, for those who have been involved the debate about digital ads, it covers some familiar themes:

  1. Measuring
Continue Reading
Posted in Advertising, Entertainment & Content Meghan Edwards Ford Rissmiller

Moving Beyond #Ad: Instagram Unveils New Tool for Disclosing Endorsements

Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid partnership with…” It is designed to help users clearly and conspicuously tag the brand that sponsors a post. The announcement comes just … Continue Reading

Posted in Advertising, Policy & Regulation Natalia GulyaevaMaria Sedykh

Russia limits Foreign Ownership in TV Audience Measurement Businesses

On 3 July 2016 the Russian President signed into law a bill amending the Law on Mass Media and Advertising Law (the “Law“), which restricts foreign ownership in TV audience measurement businesses to 20%.

The Law provides that TV audience measurements may be carried out exclusively by organizations authorized by the Federal Service for Supervision of Communications, Information … Continue Reading

Posted in Advertising, Policy & Regulation Eugene LowDeanna WongAndrew McGinty

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <联网广告管理暂行办法>), which
Continue Reading
Posted in Advertising, Policy & Regulation Anthonia Ghalamkarizadeh

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 and Eyeo GmbH, the company … Continue Reading

Posted in Advertising, Broadcasting, Digital Single Market (EU) Peter WattsCharlie HawesOliver Wilson

CJEU Debates Limits on TV Advertising in Europe

In its decision in Sanoma Media v Viestintävirasto the Court of Justice of the European Union signals a technical but potentially significant clarification in the application of the Audio Visual Media Services (AVMS) Directive.

This may trigger some national regulators to re-examine their approach and some broadcasters may, in turn, face pressure to adjust the amount of advertising content … Continue Reading

Posted in Advertising, Internet Adrian EmchZhen FengEugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.

In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading

Posted in Advertising, e-commerce, Internet Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus.

The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the Continue Reading

Posted in Advertising, Internet Eugene LowDeanna Wong

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for Supervision and Administration over Continue Reading

Posted in Advertising, Internet, Telecoms & Broadband Anthonia Ghalamkarizadeh

Part II of the AdBlock Plus trilogy – Munich court says no infringement

A few weeks ago, we reported on the decision of the Hamburg District Court in the ongoing adblocking litigation concerning the software AdBlock Plus of Eyeo GmbH. Yesterday, the District Court of Munich followed suit, dismissing all claims brought by subsidiaries of RTL und ProSiebenSat.1 Digital. The judges found that the relationship between Eyeo’s business and that of the media … Continue Reading

Posted in Advertising, Internet, Policy & Regulation, Telecoms & Broadband Anthonia Ghalamkarizadeh

Adblocking to extend to mobile markets?

As reported in the press last week, the rise of adblocking appears to be spreading (read our earlier reports here and here). On 14 May, the Financial Times reported that a number of mobile operators are currently developing plans to block advertising on their networks. One unnamed European wireless carrier told the Financial Times that it plans to roll … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case

A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China.

According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just … Continue Reading

Posted in Advertising, Policy & Regulation Natalia GulyaevaMaria Sedykh

News in Russian Advertising Law

Russian Advertising Law[3] has been substantially amended in the course of 2014 and January 2015. More details are below, but the most remarkable amendments relate to the introduction of a prohibition on advertising on Pay-TV channels and prohibition on advertising of alcoholic beverages. In addition, some restrictions introduced in 2014 have been now softened, with more potential amendments in … Continue Reading

Posted in Advertising, Broadcasting

Poland: New bill on the advertising of junk food to children

The Polish Ministry of Culture is currently working on a set of amendments to the laws on TV and radio broadcasting. The planned amendments will include a full ban on the advertising of unhealthy food to children under the age of 12. The amendments are yet to be approved by Parliament, but have already been deemed part of a general … Continue Reading

Posted in Advertising, Broadcasting, Policy & Regulation

Poland: The self-regulation of major broadcasters and bill concerning the ban on junk food advertising

On 29 October 2014, a group of major Polish broadcasters, including TVN, Polsat, TVP (the Polish national broadcaster) and ITI Neovision entered into a self-regulation agreement on the advertising of foods and drinks to children below the age of 12. The agreement was drafted and executed in cooperation with representatives of the National Broadcasting Council (the Polish media regulator), and … Continue Reading

Posted in Advertising, Broadcasting, Copyright, Data Protection & Privacy, Defamation, e-commerce, Entertainment & Content, Internet, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband

Launching: LimeGreen IP News

Hogan Lovells’ Intellectual Property, Media and Technology team is excited to announce the launch of LimeGreen IP News.

Complementing our LimeGreen IP know-how site, this new online news platform is designed not only to provide you with detailed discussion on recent case law and decisions but also to provide the latest business critical IP trends and issues from around … Continue Reading