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Washington Likely Adopting New Privacy Law in the Likeness of the European Union’s General Data Protection Regulation

Another state may join the movement towards adopting General Data Protection Regulation (GDPR)-like privacy protections. A new privacy bill was introduced in the Washington Legislature on January 17, 2019, called the Washington Privacy Act (SB 5376). The Act would give consumers rights that are similar to those under the GDPR, such as the right to … Continue Reading

Why Every European Union Brand Owner Should Supersize Their Brand Documentation Efforts Following the EUIPO’s Cancellation of McDonald’s BIG MAC Registration

On January 11, 2019, the European Union Intellectual Property Office (EUIPO) cancelled McDonald’s International Property Company, Ltd.’s European Union registration for BIG MAC, at the request of Supermac’s (Holdings) Ltd. The Cancellation was initiated as part of an ongoing dispute between McDonald’s and Supermac’s over use of the term MAC, and the initiation of the … Continue Reading

Changes to NAFTA’s Intellectual Property Provisions in the USMCA

The United States-Mexico-Canada Agreement (USMCA) was announced on October 1, 2018, representing a step forward towards a replacement for the North American Free Trade Agreement (NAFTA), which President Trump sought to begin renegotiating shortly after his election in 2016. Like NAFTA, the USMCA contains a chapter covering intellectual property, with some notable changes, especially as … Continue Reading

Copyright Office Red Cards UEFA Trophy Application

Last month, the Copyright Office’s Review Board denied for the second time the application of the Union des associations européennes de Football (UEFA) for copyright registration in UEFA’s EURO Trophy. The Trophy is shown below: According to the Board, the Trophy’s overall shape is no different than standard Greek amphora, and thus “as a whole, … Continue Reading

And Away We Go…UK Information Commissioner’s Office Issues First Formal Notice Under the GDPR

Since the EU’s General Data Protection Regulation (GDPR) went into effect, we have been anxiously awaiting enforcement activities that would indicate regulator priorities. The waiting is over. It was recently reported that the UK Information Commissioner’s Office (ICO) issued an Enforcement Notice to AggregateIQ Data Services (AIQ) on July 6, 2018. Although the Enforcement Notice … Continue Reading

Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits

The Supreme Court on Friday held that WesternGeco, LLC (“WesternGeco”), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.’s (“ION”) infringement of its patents. Under section §271(f) of the Patent Act, a company can be liable for … Continue Reading

Christian Louboutin Claims Victory in EU Court Trademark Battle Over Its Iconic Red-Soled Shoes

On Tuesday, June 12, 2018, the European Union’s (EU) highest court, the Court of Justice of the European Union (the CJEU) (La Cour de justice de l’Union européenne), held that French designer Christian Louboutin’s mark consisting of a color applied to the sole of a shoe is not subject to the EU’s prohibition of the … Continue Reading

The GDPR Protects Infringers, Not Brand Owners: It’s Now More Difficult to Fight Cybercrime

We’ve all read dozens of articles, blog posts, and tweets about how GDPR is coming. Unlike Game of Thrones’ much-promised winter, GDPR arrived relatively quickly. With all this lead up, the message has essentially been that the General Data Protection Regulation (the long and rarely used origin of the term GDPR): (a) originates from the … Continue Reading

The EU’s General Data Protection Regulation (GDPR), Effective May 25, 2018, Will Impact Many United States Businesses

Who: United States businesses that process (i.e., collect, store, or transmit) the personal information of EU residents in connection with offering goods or services in the EU (online or otherwise) are subject to the GDPR, regardless of whether the business has any physical presence in the EU or any payment is made by the EU … Continue Reading