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Advertisement and law: can you call yourself ‘the best’?

Advertisement and law: can you call yourself ‘the best’?

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 »

A Decision Guide for Filing International Patent Applications for Multiple Inventions

A Decision Guide for Filing International Patent Applications for Multiple Inventions

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 »

IRS Revokes Hospital’s Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements

IRS Revokes Hospital’s Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements

On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a hospital’s tax exemption under Internal Revenue Code (IRC) Section 501(c)(3) for failure to comply with Section 501(r) of the Affordable Care Act. Background Section 501(r) and its regulations imposed new requirements on 501(c)(3) organizations that ... Read More »

Defending Correctional Healthcare Providers: The Intersection of Malpractice and Civil Rights

Defending Correctional Healthcare Providers: The Intersection of Malpractice and Civil Rights

Incarceration is big business in the United States, with costs to taxpayers estimated at over $80 billion dollars per year for the estimated 2.2 million individuals in custody. From county jails to state prisons, correctional healthcare providers are in the news daily, from questions and concerns regarding the expenses of ... Read More »

Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day

Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day

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 »

Bad back? You’re fired

Bad back? You’re fired

Employers rely upon employees to get the job done. Usually, the “job” requires the employee’s physical presence at work. But injuries and medical conditions throw a wrench in the works. Most employers are at least generally aware of the implications of various federal and state laws governing treatment of employees ... Read More »

Brussels International Business Court

Brussels International Business Court

The Belgian government has announced plans to create a new Brussels International Business Court (BIBC) which would deal exclusively with international business disputes. The novelty lies in the fact that all proceedings and the judgments of the BIBC would be in English. The BIBC would be a one stop shop ... Read More »

The Netherlands Enterprise Court at the Amsterdam Court of Appeal blocks sale of shares

The Netherlands Enterprise Court at the Amsterdam Court of Appeal blocks sale of shares

A recent ruling from the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2017:4123) shows once again how important it is to involve the Works Council in a sales process and provide it with sufficient information in connection with its right to be consulted on the basis of the Works Councils Act (‘WOR’). The ... Read More »

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