LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

Happy Halloween

We witch you a Happy Halloween! Public domain image from the New York Public Library #holiday

Hedgehogs beware

Every fall, I see signs warning drivers to beware of hedgehogs. I still have yet to see my first hedgehog on the road. I do hope it looks as cute as these guys on the sign. #switzerland

DST ends in the US on November 3

Daylight Saving Time ends in the US on Sunday, November 3rd. This means that the USA and Europe revert back to the standard time difference. For example, 9am New York is 3pm Paris, France. #DST

Don't forget to comply with trademark license terms

On September 27, 2019, Elasticsearch Inc. sued Amazon.com, Inc. for trademark infringement (Case 3:19-cv-6158, N.D. California) (see Complaint, a copy is hosted on Mega.nz). This case should be a reminder that businesses need to comply with the trademark usage guidance from trademark owners. Elasticsearch developed a product called Elasticsearch which is an open source search and analytics engine (see link). Elasticsearch obtained a federal trademark registration for its ELASTICSEARCH mark (see TSDR link). Elasticsearch issued guidelines for the use of its ELASTICSEARCH mark (see link) which state that (1) you cannot use the ELASTICSEARCH mark as part of any product name, (2) the use of t

DST ends in Europe on October 27

Daylight Saving Time (DST) will end in Europe on Sunday, October 27th. This means that the U.S.A. and Europe will be separated by one less hour until Sunday, November 3rd, when the US ends its DST. This is important for any US based filer because during that week, they have one less hour to submit their documents to the European based organizations, like the World Intellectual Property Organization (WIPO). For example, during this week 7pm NY, NY will be Midnight Geneva, Switzerland. #DST

CBD is everywhere

I found this store in Strasbourg, France. #CBD #France

What happens to an old TV show?

I found this shirt at a local store. It goes to "show" that the intellectual property of old '80s TV shows -- can have a second life via licensing. #trademark #license

I'd like a cold drink of...

In Iceland, there is a chain of gas stations called N1, and its convenience stores are called Nesti (which means lunch in Icelandic). When I first saw the Nesti mark, I wondered if there was a connection between Nesti and the tea drink brand Nestea -- there isn't. #trademark #iceland

Cookie consent must be affirmative

Last month, I blogged about how the UK ICO and French CNIL had released over the summer updated cookie guidances. On October 1, the Court of Justice of the European Union (CJEU) ruled on cookie consents too and its ruling is consistent with the positions by the ICO and CNIL (see Planet49 GmbH, Case C-673/17). The CJEU ruling had three essential elements. First, regardless of whether a cookie concerns personal information, a website operator cannot use pre-checked boxes to obtain consent (a) to store and (b) to access a cookie on a user's computer (paragraphs 65, 71). Second, website operators must provide duration of cookies and if third parties have access to them (paragraph 81). Third,

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