January 15, 2018
Health-related advertising is subject to strict scrutiny Courts measure advertisements for medical devices and remedies by a particularly strict standard. Efficacy statements (e. g. “kills 100 % of all bacteria”) or health claims (e. g.”… vitalizes”) must be verifiable. Depending on what the advertising statement refers to in terms of ... Read More »
by: Buse Heberer Fromm
December 14, 2017
Is the slogan ‘The best e-bike is a Stella’ misleading? The Dutch Advertising Code Committee ruled on the television commercial by Stella Fietsen. In this advertisement, famous Dutch presenter Anita Witzier says the following: ‘Dutch-made high quality electrical bikes. Always a good price. E-bike test centres throughout the Netherlands and ... Read More »
December 7, 2017
Companies have two choices for meeting the PCT patent application filing requirements when they have multiple pending provisional applications. We go through the pros and cons for each approach. A company engaged in research and development will often create multiple related inventions within a year, and file a separate provisional ... Read More »
by: USLAW
November 13, 2017
A Day Nursery has successfully claimed damages for false Google Reviews. Cost, including legal costs, must also be paid. False reviews The Day Nursery asserted that a certain N. had placed reviews (Google Reviews) using aliases. It concerned the placement and adjustment of negative reviews relating to the Day Nursery. ... Read More »
November 9, 2017
In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the “Board”) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the ... Read More »
by: USLAW
November 3, 2017
The Legal Office of the Spanish Data Protection Agency (hereinafter, the “AEPD”, its Spanish acronym, has issued a report (0195/2017) on a series of issues related to the impact that the full application, on 25 May 2018, of the Regulation (EU) 2016/679 of the European Parliament and of the European ... Read More »
by: Adarve Abogados SLP
October 13, 2017
The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of “ethnicity data”. Handing over of debit card transaction images In the context ... Read More »
October 9, 2017
Having a trademark or design is essential for the proper protection of a company’s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ... Read More »
September 28, 2017
On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people. It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by ... Read More »
September 14, 2017
Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ... Read More »
August 9, 2017
More and more organisations require suppliers and partners with whom personal data is exchanged to enter into a processor’s agreement. Regularly, signing the processor’s agreement is even (more or less) forced upon them. Often it is insufficiently considered whether it is actually required that a processor’s agreement is signed. It can ... Read More »
August 8, 2017
University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ... Read More »
July 24, 2017
With the accession of Russia to the Hague Agreement Concerning the International Registration of Industrial Designs, protection of designs in Russia will soon be possible with relatively little effort. For companies that are already active in the region or consider entering that market, this provides an attractive opportunity to expand ... Read More »
by: Buse Heberer Fromm
July 21, 2017
The Ministry of Justice has published the draft Personal Data Protection Law to replace Personal Data Protection Law 15/1999 (LOPD, its Spanish acronym) in order to adapt the Spanish regulations to the General Data Protection Regulation 2016/679 (GDPR), passed by the European Union on April 2016. This draft is submitted ... Read More »
by: Adarve Abogados SLP
July 11, 2017
Rights to domain names not provided for by law. In the event of disputes, it is the court that decides whether the registration or use of a certain domain name constitutes an infringement. Having said that, not only the court, but the person or body settling the disputes is also ... Read More »
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