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Hunton Andrews Kurth LLP | February 2018

This was a breakout year for blockchain, the technology providing the platform for cryptocurrencies and the emerging market for initial coin offerings and token sales. With bitcoin capturing headlines because of its soaring price, blockchain’s impact is often misunderstood as narrowly affecting the financial sector ...

Karanovic & Partners | February 2018

The Serbian Competition Commission (the "Commission") continues its diligent examination of the Serbian competitive landscape in specific industries, this time with inquiries in two more industries – sportswear (including footwear and sporting equipment) and oil (petroleum products). Once again, the aim behind the market test was to identify potential issues on the relevant markets and provide broader insight into the functioning of the relevant markets ...

A&L Goodbody LLP | January 2018

One of the many unresolved issues relating to Brexit is the issue of cross-border retailing. While there are certainly issues relating to online cross-border shopping (e.g., the imposition of VAT, additional charges for checks as well as delays caused by possible border/customs delays), there are certainly plenty of issues relating to cross-border bricks and mortar retailing as well. The border between Ireland and Northern Ireland ("NI") is a neat case study ...

Simonsen Vogt Wiig AS | December 2017

Coty Germany sells luxury cosmetics in Germany. It markets certain brands via a selective distribution network, i.e. through authorized distributors. Coty brought proceedings before the German courts against one of its authorized distributors, Pafümerie Akzente, in order to prohibit it from distributing Coty products via Amazon ...

TSMP Law Corporation | November 2017

How retailers can harness technology to beat e-commerce at its own game. “It's official: Singapore malls are dead, as occupancy reaches its lowest level in 10 years,” screams one headline. “At some suburban malls, retailers confront the sound of silence,” another chimes in. As e-commerce takes hold, shoppers are eschewing brick and mortar in favour of the convenience of point and click ...

Arendt & Medernach | October 2017

In less than 4 months the Priips-Kid regulation will come into force. The exercise of ensuring compliance with this regulation is not an easy one ...

Haynes and Boone, LLP | August 2017

In the wake of Hurricane Harvey, franchisors should take action to avoid potential liability for price gouging committed by franchisees in affected areas. Price gouging occurs when a seller increases prices of goods, services or commodities to a level that is exploitive and unethical. Texas law explicitly prohibits price gouging following a natural disaster, and fines for price gouging can be up to $20,000 per violation ...

Hanson Bridgett LLP | June 2017

In November of 2016, San Francisco residents voted to pass a new law ("Proposition E"), effective July 1, 2017, that transfers back responsibility from private property owners to the City of San Francisco to maintain and care for street trees and surrounding sidewalks damaged by the trees. The City had taken care of trees several decades ago, but then shifted responsibility back to property owners after that (during a time of budget crisis) ...

The Macedonian Competition Commission imposed a EUR 5.8 million fine on PIVARA SKOPJE AD and EUR 2.7 million on PRILEPSKA PIVARNICA AD, for allegedly entering into restrictive agreements with their distributors. According to the Commission, PIVARA SKOPJE AD entered into sales and distribution agreements which contain resale price maintenance provisions, limiting the distributors to freely set their resale price ...

Karanovic & Partners | March 2017

Resale price maintenance and price-fixing has been and still is under scrutiny by the Croatian Competition Agency (the "Agency"). Carrying on from a number of high-profile cases, in February 2017 the Agency fined Gorenje Zagreb, a subsidiary of Slovenia's premier manufacturer of household appliances for HRK 1,557,000 (approximately EUR 206,000) ...

Karanovic & Partners | September 2016

The contemporary business world has become fundamentally tied in with the progress of globalisation, and for anyone involved in it, that is no secret. Anybody would be hard pressed to find an industry that can exist and sustain itself in a purely national context, without – at least in some regard – relying on either a piece of legislation or a practice trend that is related to whatever kind of international functioning ...

Shoosmiths LLP | August 2016

The most recent example of a fashion designer losing the right to use his/her name came about this week. Karen Millen lost her court battle to challenge the agreement reached after the sale of her business to Baugur for £95m in 2004 which stated that she could not use her name in business in the future ...

Garrigues | June 2016

The recent First Chamber Supreme Court’s (SC) case law has been consistent when determining that the granting of clientele compensation in case of unilateral termination of the distribution agreement by the manufacturer could not be made automatically by analogous application of the Agency Contract Act, but by taking into account the particular casuistry ...

Lavery Lawyers | February 2016

Lavery is closely monitoring developments in consumer class actions and, in order to keep the business sector informed on the subject, publishes regular newsletters on recent case law and legislative changes that are likely to affect, if not transform, business practices. INTRODUCTION In Fortin v. Mazda Canada Inc ...

The Philippine section of The International Comparative Legal Guide to: Trade Marks 2015 was contributed by SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan. Mr. Manuel heads the firm’s Intellectual Property department ...

The Philippine section of The International Comparative Legal Guide to: Copyright 2016 was contributed by SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan. Mr. Manuel heads the firm’s Intellectual Property department. The chapter includes information on copyright subsistence, ownership, exploitation, owners’ rights, copyright enforcement, criminal offenses, and current developments. 1 ...

Haynes and Boone, LLP | July 2015

The Seventh Circuit has revived a class action against Neiman Marcus for losses customers allegedly suffered as a result of a data breach involving payment card information. A federal district court had dismissed the claims, finding – consistent with federal courts around the country – that the plaintiffs lacked standing because they failed to allege they suffered concrete harm from the breach ...

ENSafrica | July 2015

It’s been widely reported that various luxury brand owners have brought legal proceedings in the USA against Alibaba, the Chinese online shopping giant that recently listed on the New York Stock Exchange. The claim is that Alibaba has knowingly made it possible for companies to sell counterfeit products on its platform ...

Delphi | June 2015

Is your business affected by counterfeiting? If so, you are not alone. A newly released study shows that almost all intellectual property dependent companies listed on the NASDAQ OMX Stockholm 30 Index have been affected. Moreover, most expect that the problem will continue to grow. Better political support is required to stem this development, but companies already have several weapons available to use against the counterfeiters ...

Lavery Lawyers | April 2015

The Court of Appeal of Quebec has issued an important judgment pertaining to a franchisor’s implicit obligations towards its franchisees. In June 2012, the Superior Court of Quebec ordered Dunkin’ Donuts Brands Canada Ltd. (“Dunkin’ Donuts”) to pay an amount of $16.4M (plus interests and costs) to 21 of its franchisees in Quebec the sum of $16 ...

ALTIUS/Tiberghien | February 2015

In a recent judgment on the merits, the president of the Brussels Commercial Court held that the X shape of Mars's Dentastix dog food (see Figure 1 below) constituted a valid three-dimensional (3D) Community trademark and a valid Benelux design. Both IP rights had been invoked cumulatively against a Belgian company commercialising similar X-shaped chew sticks for dogs (Figure 2) on the European market. https://encrypted-tbn2.gstatic<span><a href=/publications.asp?action=article&artid=6742> ...</a></span></p>
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Makarim & Taira S. | February 2015

The Parliament passed a bill on halal products in September 2014 and on 17 October 2014 the President enacted the bill as Law No. 33 of 2014 on Guaranty for Halal Products (Law 33 of 2014). Law 33 of 2014 requires that all products imported, distributed, or traded in Indonesia bear a halal certificate ...

As January closes, it is worth reflecting on what has been a turbulent few months for UK retailers.  The travails of Tesco are well documented (and seemingly never ending), whilst Marks and Spencer must have been mightily relieved that it’s own continued decline (food excepted) was slightly overshadowed.  That’s before you add in the departure of the CEO at Morrisons and some fairly major surgery that’s underway at Sainsburys ...

ENSafrica | August 2014

There’s an interesting debate going on as to what, if any, legal protection fragrances should enjoy. This debate has been ignited by a recent French court decision dealing with copyright ...

ENSafrica | August 2014

The trade mark laws of the world are, by and large, fairly well harmonised, or at least well on their way to becoming so. Which makes perfect sense in an era where multinational companies operate in a global village – a multinational should ideally get the same protection for its brand in all the countries where it operates. It is for this reason that South African trade mark law offers the same sort of protection to trade mark owners that many other countries offer ...