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What Exactly Is Use in Commerce?

What Exactly Is Use in Commerce?

Many federal trademark applications are filed on an intent-to-use basis, which means that the applicant has not yet begun to use the mark in connection with its business activities to brand, market, and sell its products. However, in order to complete the trademark registration process, it is necessary to demonstrate ... Read More »

The European Court of Justice (ECJ): An administrator of a Facebook fan page is jointly responsible with Facebook for processing the visitors’ personal data

The European Court of Justice (ECJ): An administrator of a Facebook fan page is jointly responsible with Facebook for processing the visitors’ personal data

The decision of The ECJ of 5 June 2018 is expected to have far-reaching significance for companies that have a fan page on Facebook (the company’s webpage on Facebook), where the company promotes themselves. The decision statues that companies which administrate a Facebook fan page, potentially can be imposed with ... Read More »

Better Late Than Never – Time to Get Those Cybersecurity Certifications of Compliance into NYDFS

Better Late Than Never – Time to Get Those Cybersecurity Certifications of Compliance into NYDFS

If you are an individual or company regulated by the New York State Department of Financial Services (NYDFS), you may have received an email from NYDFS reminding you to submit your Certification of Compliance as soon as possible. New York’s relatively new cybersecurity regulation, 23 NYCRR 500 (the Regulation), requires ... Read More »

Preliminary Injunctions in Patent Law

Preliminary Injunctions in Patent Law

Press reports on patent suits give the impression that only large international corporations are involved in patent litigation that seem to always amount to “patent wars” and go on for years. Patents can, however, also be enforced quickly, which then makes them an extremely effective tool against infringers. This can ... Read More »

Right of termination

Right of termination

According to the Federal Data Protection Act (German Bundesdatenschutzgesetz; BDSG), an operational data protection officer enjoys special protection against dismissal during his or her appointment and one year following the end of the appointment (§ 4f para. 3 sent. 5 and 6 BDSG). For the duration of the special protection ... Read More »

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 »

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