LEGAL THOUGHTS

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

Happy Holidays

From all of us at Henry Park Law, we wish you a wonderful holiday season and a Happy New Year. May 2020 be a successful year for you. Image from the New York Public Library Digital Collection. #holiday

English grammar

I saw this sign on the New York City subway. Did anyone else wonder what happened to the verb?

Data scraping and breach of contract

There have been a number of cases where websites have brought breach of contract claims against data scrapers (Southwest Airlines Co. v. Roundpipe, LLC, No. 18-0033 (N.D. Tex. Mar. 22, 2019); CouponCabin, Inc. v. PriceTrace, LLC, No. 18-7525 (N.D. Ill. Apr. 11, 2019); Int’l Council of Shopping Ctrs., Inc. v. Info Quarter, LLC, No. 17-5526 (S.D.N.Y. May 7, 2019)). The key to those breach of contract claims was that the data scrapers were aware of the website's terms of use and those terms of use prohibited data scraping. Image by Balasoiu on Freepik. #termsofuse #contract

Is it too close?

I found these shirts in Lululemon. I didn't think too much of them until I saw their branding element -- 3 sewn stripes -- on the shoulder. Given Adidas' aggressive nature in protecting its trademark, I wonder if Lululemon will be receiving a trademark cease and desist letter. #trademark

Christmas Coke

I think this will be a great Coca-Cola during the holidays (found in New Jersey). If you cannot read it, it is a cinnamon flavored Coke. #trademark

Is your website accessible?

If you are a brick and mortar establishment and a website, then you should check that your website complies with at least the WCAG (Web Content Accessibility Guidelines) 2.0 (see link). On October 7, 2019, the US Supreme Court denied certioriari in the Domino's Pizza, LLC v. Robles case (Case 18-1539). In doing so, the Supreme Court refused to overturn a Ninth Circuit Court of Appeals case that held that the American with Disabilities Act (ADA) applies to websites that facilitate access to goods and services of places of public accommodation. Robles v. Domino's Pizza, LLC, 913 F.3d 898, 905 (9th Cir. 2019) (see link). Image by Clker-Free-Vector-Images from Pixabay #ADA

Narrower trademark descriptions are coming to Europe

In October 2019, Advocate General (AG) Evgeni Tanchev to the Court of Justice for the European Union (CJEU) issued an opinion in the Sky v. SkyKick case (Case C-371/18) (see link to Curia). As the CJEU tends to follow an AG's opinion, this opinion could change European trademark attorney practice. The facts and procedural history are complicated. Distilled down, Sky obtained a trademark registration that covered "computer software". Sky started to enforce its trademark against SkyKick. SkyKick argued that the descriptions were too broad and therefore the registrations were invalid. The court referred the matter to the CJEU. In his opinion, the AG found support for SkyKick's argument

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