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Member Articles


COVID-19 Results are Protected by the Data Protection Act as Sensitive Personal Data

In recent days, all media was abuzz with reports and announcements of the Covid-19 results of certain individuals ranging from negative to positive. An issue arises as to whether the results can be disclosed by the data ...

Back to Square One? Ritter Sport’s Success in Registering a 3D Trade Mark

The importance of registering your 3D trademark The start of the legal battle between Ritter Sport and Milka goes back to 2010 when Milka challenged Ritter Sport’s monopoly on the square-shaped chocolate bars. Milka ...

Suspension of Trademark Examination Pending Proceedings Against Cited Marks

When a trademark application is blocked due to the existence of prior similar mark(s), one of the ways to overcome the same would be to try removing the prior mark(s), such as commencing opposition/invalidation/cancellat ...

Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

Authors: Elaine K. Kim and Elaine Nguyen The Second Circuit recently issued an important decision, In re Jackson, No. 19-480, — F.3d —, 2020 WL 4810706 (2d Cir. Aug. 19, 2020), in which it held that a state ...

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