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Technical Specification on Compliance Plans in the Context of the Amendment to the National Consumer Service
Carey, November 2019

On August 26th, 2019, the National Institute of Normalization (INN) published Technical Specification INN/ET1 on compliance plans for the protection of consumer’s rights (the “Technical Specification”), in accordance to which suppliers can develop the compliance plans referred in Article 24 subparagraph four of Law No. 19,496 Consumer Protection Act (“CPA”), included therein after the latest amendment to that Law...

House Vote on Cannabis Industry-Related SAFE Banking Act Scheduled for September 2019
Dinsmore & Shohl LLP, September 2019

As early as September 23, 2019, the United States House of Representatives is expected to vote on the widely anticipated Secure and Fair Enforcement (SAFE) Banking Act...

What's in a Name?
TSMP Law Corporation, September 2019

A rose, said Shakespeare, by any other name would smell as sweet. But while the Bard may know his flowers, he clearly was no expert on branding Apples.   Rodrigo Duterte, the Filipino president, would like to change his country’s moniker “because the Philippines is named after King Phillip”. He appears to be eager to distance his nation from its colonial past, the said monarch being a 16th century ruler of Spain...

Now that Many States Have Legalized Hemp and/or Marijuana, How You Can Comply with Labeling and Packaging Requirements?
Dinsmore & Shohl LLP, July 2019

For nearly the last 20 years, states have been legalizing hemp growth, production, and products.[1]  While hemp remained illegal federally and was included in the definition of marijuana under the Controlled Substance Act, numerous states began exploring the validity of hemp as a viable product.  Marijuana legislation was not far behind...

California Expands Legal Definition of Beer
Dinsmore & Shohl LLP, July 2019

California Assembly Bill No. 205 was approved by Gov. Gavin Newsom on July 9, 2019. Assembly Member Tom Daly, who represents California’s 69th district of Orange County cities Santa Ana, Anaheim, and Garden Grove, introduced AB-205 to expand the definition of “beer” under Business & Professions Code §23006, which is part of the Alcohol Beverage Control Act. The new law is set to go into effect on Jan. 1, 2020...

Supreme Court Rejects State Residency Requirements for Alcohol Retail Licenses
Dinsmore & Shohl LLP, July 2019

The Twenty-first Amendment—which repealed Prohibition—gives states broad authority to regulate alcohol within their borders. But can states impose residency requirements on alcohol retail licensees? The U.S. Supreme Court, by a vote of seven to two in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, answered no. As state alcohol regulators adjust their licensing processes to comply with the ruling, retailers and wholesalers may see changes in the alcohol market...

Brexit Breathing Space for Food Business Operators
Shepherd and Wedderburn LLP, May 2019

Whatever your views on Brexit, the deferment of the UK’s leaving date from the EU provided British industry some welcome breathing space to prepare for Brexit. Given the issues that still divide the two main political parties, the UK may yet leave the EU without a deal on 31 October...

Diligence: Early Involvement Pays
Shepherd and Wedderburn LLP, April 2019

Coordinating cross-border due diligence is a key skill that more often than not underpins complex, multi-jurisdictional merger and acquisitions (M&A) and private equity (PE)-led transactions. Where due diligence really adds value is in the early stages of the transaction, when local knowledge and expertise are vital to understanding the context of data room information...

Stopping Issues from Becoming Crises: Best Practice for Food Business Operators
Shepherd and Wedderburn LLP, April 2019

The presence of a small amount of undeclared sesame in a particular product may seem trivial but, for those who are allergic, it can provoke a major reaction. Such was the predicament faced by Pret a Manger in July 2016, following the death of Natasha Ednan-Laperouse that same month due to the undeclared presence of sesame in a Pret baguette...

Amazon: Lessons from the World's Biggest Brand
ENSafrica, April 2019

Some brands simply seem to play a major role in our lives – Apple, Facebook, Google, Netflix. These are brands that for many of us have become something of an ever present. One brand that surely belongs on that list is Amazon, one of the most important, influential and high-profile brands in the world. Brand Finance recently declared Amazon to be the world’s most valuable brand, valuing it at USD 50 billion. So, it makes sense to keep abreast of what is going on there...

Are Prayer Outfits Eligible for Copyright Protection?
Shearn Delamore & Co., January 2019

Some may be wondering what a “telekung” is as it is probably not a common term. A Telekung is a Muslim prayer outfit for females. The general perception of prayer outfits is that they are dull and unfashionable as they have to be modest rather than trendy. However, there has been a drastic shift in the fashion industry in recent years where there are an increasing number of fashionable yet modest clothes in both local and international markets...

McDonald's: No Longer the Big Cheese after Losing Big Mac Trade Mark Battle with Supermac's
Shepherd and Wedderburn LLP, January 2019

In a landmark decision, the European Union Intellectual Property Office (‘EUIPO’) has ruled that McDonald’s, one of the world’s largest fast food chains, will lose its EU trade mark for “Big Mac”...

Online Retail Sector Increasingly Targeted by the Competition Authorities
Simonsen Vogt Wiig AS, December 2018

The online retail sector has seen a considerable increase in intervention by the competition authorities both on a national level and in Brussels. Most recently, in December 2018, the European Commission fined the clothing company Guess € 39.8 million for applying online sales and advertising restrictions...

Amendment of The General Rules on Sales at a Loss and Removal of Franchiser and Distance Sales Company Registers
Veirano Advogados, December 2018

The government has approved, by royal decree-law, a legal reform introducing a number of changes to the Retail Trade Law. Royal Decree-Law 20/2018, of December 7, 2018, on urgent measures to foster economic competitiveness in the industrial and trading sectors in Spain, published in the Official State Gazette last Saturday, December 8, amends Retail Trade Law 7/1996, of January 15,1996...

EU Publishes Amendments to VAT Legislation Affecting Intra-Community Trade
Garrigues, December 2018

Call-off stock or consignment stock is specifically regulated, changes are introduced into chain sales, and requirements are laid down for applying the exemption to intra-Community supplies of goods...

The Importance of Registering A Franchise With the Registrar of Franchises - Malaysia
Shearn Delamore & Co., November 2018

This case highlights the importance of registering a franchise with the Registrar of Franchises and the consequences of not doing so. In particular, the effect and applicability of section 6(1) of the Franchise Act 1998 (“FA 1998”) are discussed. Facts The subject matter was “Dr. Fong’s Method” of teaching mathematics to students in primary and secondary school, which was developed by Dr. Fong Ho Kheong (“Dr. Fong”). Dr...

China Passes New E-Commerce Law - A "Safe Harbour" With Chinese Characteristics
Deacons, November 2018

In less than a decade, China has become the largest e-commerce market in the world, accounting for over 40% of global e-commerce according to a recent report by McKinsey. The breath-taking speed of development has left law makers scrambling to regulate the booming e-commerce industry...

SCOTUS Changes To Sales Tax Will Ripple Through to PE, VC & M&A Deals Involving Retailers
Lowenstein Sandler LLP, October 2018

Retailers have taken note of the dramatic shift in state sales tax law emerging from one of Justice Anthony Kennedy’s last Supreme Court decisions. As different states announce legislative and regulatory changes throughout the summer, retailers are scrambling and we’re now seeing the impact in venture capital, private equity, and merger and acquisition transactions involving commerce companies. On June 21, 2018 the U.S. Supreme Court decided South Dakota v...

Brave New Wheels? Potential Uses for Blockchain Technology in Auto Finance
Dykema, October 2018

Cryptocurrencies have captured the imaginations of individuals and emerging businesses drawn to their potential to serve as alternative stores of value, to reduce transaction costs by eliminating intermediaries. Most notably in popular culture and media - to provide eye-catching opportunities for speculative investing...

Lawyering Cashierless Technologies
Hunton Andrews Kurth LLP, October 2018

Brick and mortar retailers are rapidly diversifying checkout and payment methods to combat the erosion of sales to online channels and provide an improved shopping experience for consumers. From self-checkout kiosks, to store-specific mobile applications for payment, scan-as-you-go devices, and even ‘just walk out’ models, retailers are reinventing consumer’s notions of the traditional checkout line by going cashierless...

From Digital to Physical: New Considerations for Retail Leasing with the Rise of E-Commerce into Physical Spaces
Hunton Andrews Kurth LLP, October 2018

The rise of e-commerce and the struggle many brick-and-mortar retail stores face is nothing new.  Customers are increasingly choosing to shop for clothes, furniture and even groceries from the convenience of their own homes. More recently, however, this shift in the way consumers shop has given rise to new types of retail stores – small showrooms and “pop-up shops...

From Footfall to Clicks - The Experts Talk Retail Risk
Shoosmiths LLP, September 2018

Over the last few years, news that some of the nation's most iconic retail stores have closed has become more frequent. Yesterday, Poundworld entered administration. Last week, House of Fraser announced it would be closing 31 stores, many of which are in some the UK's largest cities. It is no secret that many retailers have been adversely affected by the shopping habits of consumers, ever since the advent of a new pastime - buying online...

Retail Industry on High Alert After $289 Million Glyphosate Verdict Against Monsanto
Hunton Andrews Kurth LLP, September 2018

Weeks after a federal judge called the science behind the alleged carcinogenicity of glyphosate “shaky,” a California state court jury hammered Monsanto with a $289 million verdict, connecting a former groundskeeper’s non-Hodgkin’s lymphoma to his exposure to the Roundup® chemical. Earlier this year the verdict in Johnson v. Monsanto Co., No...

A New Hurdle in Prop. 65 Compliance: Inter-Supply Chain Information Requests
Verrill, August 2018

Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018.  Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency...

Louboutin Wins Case to Defend Red-Soled Shoes as a Trademark
Wardynski & Partners, August 2018

The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of ashape that significantly increases the value of aproduct, and therefore can be registered as atrademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes...

 

 

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