In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017) ...
The Trademark Trial and Appeal Board (Board) held that the plaintiff licensee in an opposition and cancellation proceeding could not establish priority of use over the defendant based on any common law rights previously acquired by the plaintiff’s licensor. Julie A. Moreno v. Pro Boxing Supplies, Inc., 124 USPQ2d 1028 (TTAB Sept. 8, 2017). Julie A ...
A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of the Americans with Disabilities Act ("ADA"). Title III of the ADA requires equal access for persons with disabilities in places of public accommodation. This is not a new provision of the ADA, but the focus on websites has been a relatively recent development ...
The Serbian Competition Commission (the "Commission") recently fined four undertakings for bid rigging in the public procurement for the maintenance of train wagons. The contracting authority, the "Nikola Tesla" power plant, which represents the largest electricity-producing complex in Serbia, informed the Commission about possible collusion in public procurement for repair services for the train wagons it uses in coal transportation ...
The Serbian Competition Commission (the "Commission") recently finished sector inquiries concerning quite distinct industries – raspberries and the public procurement for software and hardware. The aim behind the inquiries was to perform extensive market research and analysis in order to acquire a clearer picture of the possible antitrust issues and risks in two sectors widely perceived as strategic for the development of the Serbian economy ...
In an increasingly connected world, the protection of privacy and personal data has become a key concern for legislators in a number of jurisdictions. In South Africa, an attempt to give effect to the constitutional right to privacy resulted in the Protection of Personal Information Act, 2013 (“POPI”), which was gazetted on 26 November 2013 ...
In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017) ...
As technology has advanced, cyber extortion attacks have risen, and they will continue to be a major security issue for organizations. Cyber extortion can take many forms, but it typically involves cybercriminals demanding money to stop or delay their malicious activities, which include stealing sensitive data or disrupting computer services. Health care and public health sector organizations that maintain sensitive data are often targets for cyber extortion attacks ...
Technology’s dark side may well be the silent threat to democracy. A year ago, Americans installed a reality TV star in the White House who doesn’t seem to let the facts get in the way of a good tweet. Trump’s shambolic management style has given America’s enemies a perceived opportunity to drive their country’s agendas ...
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 ...
Are there any notable recent developments or trends in the aviation sector in your jurisdiction? Air passenger traffic in the Philippines increased by approximately 10% during 2016. This passenger growth was caused mainly by the expansion of low-cost carriers and flights offered at minimal or affordable prices. However, growth could have been faster had it not been for infrastructure constraints at the country’s main airport, Ninoy Aquino International Airport, in Metro Manila ...
The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer. The Article 29 Data Protection Working Party (WP29) issued guidelines on the data protection officers (DPOs) interpreting the respective provisions of the GDPR (Articles 37-39 and Recitals 77 and 97). The Data Protection Officer (DPO) The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer ...
The CPA appointed the National Bureau of Investigation (NBI) and Philippine National Police (PNP) as enforcement authorities and regulates their access to computer data, creating the Cybercrime Investigation and Coordinating Center (CICC) as an inter-agency body for policy coordination and enforcement of the national cybersecurity plan, and an Office of Cybercrime within the Department of Justice (DOJ-OC) for international mutual assistance and extradition ...
Hidden in the details of the Bipartisan Budget Act of 2018 are some key telehealth provisions that are receiving praise from many industry groups and could mark a significant development for Medicare telehealth policy. The new legislation promotes telehealth in several ways. Tele-stroke. Medicare currently only covers tele-stroke services for patients located in rural health professional shortage areas and counties not classified as a metropolitan statistical area ...
U.S. technology company Cogint, Inc. (NASDAQ: COGT) announced the termination of its proposed business combination with BlueFocus International Limited after the Committee on Foreign Investment in the United States indicated the committee’s unwillingness to approve the transaction ...
Tennessee has become one of the first states in the country to approve the use of “smart contracts,” which are made through the use of blockchain technology. In essence, the law gives blockchain contracts and electronic signatures submitted through blockchain as having equal standing to more traditional forms of contracts ...
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
On January 3, 2018, San Francisco’s State Senator Scott Wiener introduced a bill (SB 827) that would all but abolish the city’s famously strict land use controls—and those of virtually all California’s urban neighborhoods. It is considered the most radical of all the pro-housing legislation introduced during the last year in California ...
In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies ...
The General Data Protection Regulation (GDPR) is aimed at extensive harmonization of data protection in the EU, and will be applicable with effect from May 25, 2018. The GDPR will replace the current EU Data Protection Directive (Directive 95/46/EC) and will be directly applicable in all EU member states. The new regulations mean that German employers will also have to prepare for changes as regards the protection of employees’ personal data ...
Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial services sector. Cryptocurrencies, one example of blockchain use, transform the way in which some monetary transactions are made, far from the oversight of financial institutions and governments ...
