Page 13 - Law Developments News Today

​ "Thats the way the cookie crumbles", a panel of judges from the US Court of Appeals for the Third Circuit again concluded in rejecting trade dress protection for the well-known Pocky cookie design. However, in a revised decision following a rehearing request, the panel clarified its initial analysis on trade dress functionality, providing a fuller explanation of its reasoning which may soothe trade dress advocates. Facts More than 50 years ago, Japanese confectionery company Ezaki Glico Kab...

As of November 2020, e-scooters are legal in New York City. The use of e-scooters and e-bicycles in the state of New York is subject to various safety measures, including the requirement to wear a helmet, lower speed limits and provisions addressing use while intoxicated. Still, the budget provision is considered a major win for those who advocate for New York's working poor.

Facts The applicant sought legal aid for an intended action against the defendant, a travel company. Among other things, she sought compensation under the Montreal Convention (MC) for an injury she had allegedly suffered during an international flight from Munich to Denpasar, Indonesia via Singapore. She claimed that a flight attendant had injured her knee during the flight with a service cart. The Hanover Regional Court rejected the application for legal aid. It found that a claim for damages ...

With the development of technology, cameras and mobile phones now have various built-in shooting modes or parameters that enable photographers to shoot different scenes quickly. Traditionally, photographers would have had to adjust the parameters themselves. Notably, in two recent decisions the IP Court ruled that photographic works taken using built-in shooting modes or parameters can meet the Copyright Acts requirements for creativeness (originality). In a judgment rendered on 22 October 2020...

contribute to the resolution of societal challenges; and are properly registered in the patent system. The National Institute for the Defence of Competition and Protection of Intellectual Property protects inventions that are duly patented. This guarantees the inventors exclusivity rights, especially when the product enters the Peruvian market with a strictly commercial purpose. However, universities, research centres and the scientific community have free access to patents because they are con...

Mathnasium Center Licensing, LLC v Chang, (1) the Court of Appeal allowed the defendants appeal against a lower courts finding that he had made a false statement of truth with respect to an admission in a defence filed on behalf of a company. As is normal in such appeals, the Court of Appeal was reluctant to disturb a lower courts primary finding. However, in this case, the Court of Appeal considered that the lower court had been plainly wrong to make an order for committal for contempt of cour...

The rule adopts Rule 13q-1 and amends Form SD to implement Section 13(q) of the Securities Exchange Act 1934. It will come into effect 60 days after its publication in the Federal Register. This new rule implements the resource payment disclosure requirement of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 and follows the SECs effort in 2018 to modernise its disclosure requirements for mining company issuers, which came into effect for many issuers on 1 January 2021.(2) The...

Introduction The COVID-19 pandemic has led to a significant increase in the use of electronic platforms to provide access to health services. There are various types of platform, but most enable patients to consult with a medical practitioner or solicit responses to health-related questions. Often, these responses are generated through automated mechanisms and algorithms. These platforms seemingly push the legal boundaries of telemedicine. Legal framework When providing telemedicine services, h...

assignment of rights. In light of the above, there are a few important factors that trademark practitioners should consider when dealing with applications and registrations under a co-ownership regime in Brazil. The following is an overview of some of the most important points. Actions before Brazilian Trademark Office Statements and responses in compliance with office actions must be signed by all of the owners. However, oppositions, administrative nullity actions and non-use cancellation acti...

In a recent case, a court ruled that an employer's summary dismissal of a manager was justified, since the manager had entered into a contract with one of the employer's business partners without the employer's approval. The case highlights the difficult considerations regarding evidence that employers must make before making a choice of disciplinary action – especially in situations where the course of events can be proven only through witness statements.