Data Protection

The Olswang Cyber Alert October 2014

Welcome to the second edition of Olswang's Cyber Alert, a regular round up of regulation, best practice and news from our international cyber breach and crisis management team.

Patents

Patent Marking

Some countries, including the UK and the USA, have provisions that restrict the recovery of damages from an infringer of a patent if the infringer can show that they were unaware of the existence of the patent. While these provisions can be difficult for larger companies with their own R&D departments to rely on, some smaller entities may be able to make use of this defence.

Gambling

Sweden referred to Court of Justice over online gambling legislation

On 16 October 2014 the European Commission announced its decision to refer Sweden to the Court of Justice of the European Union as a result of the non-compliance of Swedish online gambling legislation with EU law. The referral follows an unsatisfactory reaction by Sweden to the Commission's November 2013 compliance request.

IP Litigation

Specsavers rescues its wordless logo mark as court battles concludes

Specsavers rescues its wordless logo mark as court battle concludes

The Court of Appeal has handed down its decision in the final instalment of the long-running court battle between Specsavers and Asda (Specsavers & ors v Asda Stores[2014] EWCA Civ 1294). To re-cap, this case arose from a 2009 marketing campaign by Asda for its in-store opticians' services, which featured the straplines 'Be a real spec saver at Asda' and 'Spec savings at Asda', alongside a logo comprising two ovals similar to the well-known overlapping ellipses logo used by Specsavers for many years.

 

 

 

 

Guest Posts

@Olswang

France: Military Programming Act pre-empts draft #NISD #cybersecurity regime http://t.co/uT9RgcGnOf @Olswang