LEGAL THOUGHTS

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

Brexit and EU trademarks

On January 31, 2020, the UK will leave the EU. But, as part of its Withdrawal Bill, it agreed to a transition period until December 31, 2020. Until the end of the transition period, the UK will still be bound by many EU rules and regulations. Thus, EU trademarks will be effective in the UK during this period. After December 31, 2020, EU trademarks will no longer have any effect in the UK. 1. Existing EU trademarks The UK IPO has indicated that it will automatically create a comparable UK trademark for each registered EU Trademarks free of charge, and the new UK trademark will inherit the priority and seniority data of the originating EU trademark rights (UK IPO link). Registrants need t

Shhh. I'm an engineer!

Last year, I wrote about two cases in Oregon and Mississippi where individuals sued regulatory agencies that were attempting to stop the individuals from calling themselves an "Engineer". The individuals won on Free Speech grounds. On December 5, 2019, Greg Mills sued the Arizona Board of Technical Registration because they attempted to fine him and stop him from working (see Complaint). I expect the Board to litigate aggressively, but that its action will be found to violate the First Amendment. Image by Alexander Dummer from Pexels. #commercialspeech

eSIMs are awesome

When I travel to other countries, I used to switch SIM cards for my mobile phone. Finding and buying a SIM card and a prepaid plan could be a frustrating experience. However, the Apple iPhone Xs can hold two SIMS: a eSIM and a standard SIM. Now, when I travel, it only takes a few seconds (or 3 screens using the GigSky iPhone application) to purchase a data plan. First, select your destination country. Second, select the data plan you want. Third, pay. It is that easy. #technology

Making things great again

For ice hockey fans, let's make the Schaffhausen ice hockey team great again. #trademark

CBD redux

A little CBD to help you sleep? Found in Switzerland. #CBD #switzerland

EU Standard Contractual Clauses are valid

A week before Christmas, EU Advocate General (AG) Henrik Saugmandsgaard Øe issued his opinion in the Data Protection Commissioner v. Facebook Ireland Ltd, Maximillian Schrems case (Case C-311/18) finding that the EU standard contractual clauses (SCC) are valid (see link). Although the opinion is not binding on the European Court of Justice, the Opinion is influential. Max Schrems is the Austrian privacy attorney whose challenge to the Safe Harbor data transfer regime between the EU and the USA led to its invalidation (and the creation of the Privacy Shield data transfer regime). In what was called Schrems II, Mr. Schrems challenged Facebook's use of the EU approved SCC (see link to the SCC

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