Can “consent” to use a registered trade mark be considered an abandonment by the owner of the exclusive rights to that registered trade mark in perpetuity? Section 40(1)(dd) of theTrade Mark Act 1976 (“Act”) provides that it is not a trade mark infringement if it is “the use by a person of a trade mark in relation to goods or services to which the registered proprietor or registered userhas at any time expressly or impliedly consented to” [Emph
Patricia Gannon, founding partner at Karanović & Nikolić, was recently appointed Chair of the European Forum at theInternational Bar Association ...
Discover Luxembourg's space adventure and the challenges the space industry will face in the next decade. Arendt & Medernach, the leading law firm in Luxembourg, continuously supported the space and satellite industries and have developed the firm’s expertise and experience in these domains. We are now really looking forward to helping other businesses on their journeys into space ...
Yesterday, the Supreme Court issued a much-anticipated ruling that carries important implications for securities class action litigation, now making it easier for plaintiffs to pursue public offering claims in state courts. InCyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S ...
The Court of Québec released an interesting judgment recently in a case involving civil liability and personal injury.1 Plaintiff, Ms. Bourgault, went to Village Vacances Valcartier (“VVV”) to take part in a snow rafting activity. During a descent, she was twice thrown toward the rear of the inflatable boat. The violent impacts caused her to break a vertebra. She sued VVV for damages arising out of the incident ...
Although many restaurants are not in states that require food allergens to be declared on menus, the declaration (or labeling) and handling of food allergens is a growing concern for restaurants, due to the significant risks of liability and poor public relations, if handled incorrectly ...
Congress recently enacted comprehensive tax reform (the “Act”). This memorandum highlights some of the provisions of the Act that are particularly relevant to U.S. multinational groups, with a focus on the provisions relating to income associated with intangible property, as defined for applicable U.S. federal income tax purposes. New Corporate Tax Rate The Act significantly changes the U.S ...
As the Commission for the Financial Market (the “Commission”) came into full force this January (read previous news alert here), the regulation of the Chilean financial market took a step forward in terms of institutionalism and modernization. In this context, one of the changes introduced by Law No. 21,000 (the “Law”), that created the Commission, is the self-regulation of entities in the financial market ...
Earlier this year members of Fianna Fáil (the main opposition party to the Government) introduced the Gambling Control Bill 2018 as a Private Members' Bill. The Gambling Control Bill 2018 is largely based on the General Scheme for a Gambling Control Bill which was published by the Irish Government in 2013. The General Scheme was essentially an outline of what was to be included in the Bill once drafted ...
A key feature of ENSafrica’s fourth annual anti-bribery and corruption (“ABC”) survey was understanding whether organisations were familiar with the new ISO 37001 anti-bribery management standard (“ABMS”). The International Organization for Standardisation released the ABMS in October 2016 ...
We have previously reported on the amendments to the Harare Protocol that came into effect on 1 January 2017. One of these changes was that a mandatory request for search and examination must be made to the African Regional Intellectual Property Organization’s (“ARIPO’s”) office within three-years of the ARIPO filing date, along with payment of search and examination fees ...
By its own very high standards, Real Madrid is not having the greatest of soccer seasons, although it has, at least, triumphed in a recent domain name case.The decision in the case of Real Madrid Club de Futbol v Jose Delfim Mendosa de Vasconelos was handed down by panelist Eduardo Machado on 24 January 2018. The issue in the case was straightforward: an individual in Brazil registered the domain name www.realmadrid.com.br ...
The issue of offensive trade marks rumbles on.In 2017, the landmark US decision in Matal v Tam came after the founder of an Asian-American rock group sought trade mark registration for the band’s name, The Slants. The US Patent and Trademark Office (the “USPTO”) refused the application on the basis that the trade mark was offensive ...
On January 8, 2018, the California Court of Appeal for Division 4 of the First Appellate District issued a decision in Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (“Alameda”). The outcome in Alameda results in conflicting decisions in California appellate courts on the appropriate “vested rights” analysis where pension rights are being reduced or eliminated for existing employees ...
On February 21, 2018, the Securities and Exchange Commission (the “SEC”) issued interpretive guidance to assist public companies in preparing disclosures concerning cybersecurity risks and incidents ...
Best-known for its stunning natural beauty—jewel-colored waters, soft sandy beaches, and lush mountain ridges—the British Virgin Islands also excels among her peers in the international financial services industry. Notably, the Territory is relentless in its pursuit of refining and advancing its financial services legal structures and complying with worldwide regulatory regimes ...
Yesterday, the U.S. Supreme Court significantly narrowed the scope of the Dodd-Frank Act's anti-retaliation measures. The decision resolved a split in authority by excluding from Dodd-Frank's whistleblower protections those persons reporting suspected violations only within their companies. In reversing the Ninth Circuit, the Court held that "Dodd-Frank's anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC ...
UAE Federal Law 20 of 2016 (Regarding the pledge of moveables as a security for debts) (the Pledge Law) introduced a new regime for registering a pledge over moveable assets which are pledged as security for the repayment of a debt. We reported on this law in our inBrief of January 2017, New UAE Pledge Law Over Moveable Assets. The actual registration of pledges was subject to establishment of a security register pursuant to the implementing regulations issued under the Pledge Law ...
Every now and then, a dispute comes along that adds an extraordinary amount to the law. One such dispute is the Clearvu trade mark case.We have reported on the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd on a number of occasions. This was the case in which a South African court had to consider whether or not it is unlawful for a company to bid on the trade mark of a competitor as a keyword/search term ...
In South Africa, the song Akanamali, sung by the artist Sun-El Musician and featuring Samthing Soweto, was one of the most popular songs of 2017. Towards the end of the year, South African financial services giant First National Bank (“FNB”) ran a campaign to promote its products and services. It called this campaign Akanamali and featured the hook of the song, which was about a lack of money ...
A South African judgment dealing with joint ownership of copyright in databases has recently come to light. The judgment was handed down almost a year ago, but it seems to have slipped under the radar. This judgment will, however, be of interest to those involved in IP.The case is The Philanthropic Collection (Pty) Ltd v Girls & Boys South Africa ...
It’s interesting how often trade marks and politics intersect, especially in South Africa!In the most recent example, the issue was whether a political party that had broken away from the ruling African National Congress (“ANC”) – the African Democratic Change – had infringed the rights of the ruling party. As is commonly known, the logo of the ANC features the colours black, green and gold, as well as an image of a hand grasping a spear ...
Since not only individual people, but also the overall project, are being presented, online presentation can be divided into two main parts. First is the management of personal social media. Avoid any disrespectful or offensive discourse, as well as any ambiguous posts and photos. Or as a minimum , do not display them publicly. Secondly, visual communication is absolutely crucial to protect the name of a reliable project ...
