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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 »

Car advertising still under scrutiny from the Dutch Advertising Code Committee

Car advertising still under scrutiny from the Dutch Advertising Code Committee

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 »

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

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 »

Trademark Protection for Medical Practices and Hospitals

Trademark Protection for Medical Practices and Hospitals

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 »

Spain: Publication of the draft Personal Data Protection Law to replace the Personal Data Protection Law 15/1999

Spain: Publication of the draft Personal Data Protection Law to replace the Personal Data Protection Law 15/1999

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 »

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Over 3 years ago, the European Court of Justice gave the famous Costeja ruling. Since then, it has been clear that search engines are also bound by privacy law and can (therefore) receive correction and removal requests. Privacy law also puts additional strict rules on the processing of so-called special ... Read More »

From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge

From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge

Over 3 years ago, the government launched a bill to strengthen the position of the receiver. I previously wrote a blog on this bill and the consequences it has for IT suppliers. The bill has in the meantime reached the finishing line virtually unscathed and will come into force on ... Read More »

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