Intellectual Property, Information Technology & Cybersecurity

Author: Susan Kohn Ross

The California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. In October 2019, the California Attorney General (“CA AG”) published proposed regulations. In the lead up to January 1, 2020, the CA AG repeatedly made the point that those subject to the CCPA should plan for compliance with its broad principals by the first of the year, while admitting enforcement would not start until the regulations were final, meaning July 1, 2020. As part of this process, the CA AG advised he did not expect there to be significant changes to the regulations between October and July. However, upon receiving comments to those October proposed regulations, he changed his mind and on February 7, 2020 revised regulations were issued. A subsequent notice on February 10, 2020 corrected the earlier publication, which omitted certain updates.

Read more: New Revisions to the CCPA

Authors: Alesha M. Dominique and Dima S. Budron

On February 15, 2020, the United States Patent and Trademark Office’s (USPTO) new rules will go into effect (84 Fed. Reg. 37081) requiring applicants, registrants, and parties to a proceeding before the Trademark Trial and Appeal Board (TTAB) to provide their own email address to receive USPTO correspondence, and file all trademark submissions electronically using the Trademark Electronic Application System (TEAS), with limited exceptions. In addition, the new rule amends the requirements for specimens in accordance with the Trademark Act and precedential case law.

Read more: New USPTO Guidelines for Electronic Filings and Specimens

On Friday, February 7, and Monday, February 10, 2020, the California Attorney General released proposed modified regulations in connection with the California Consumer Privacy Act (“CCPA”). The modified regulations provide businesses with some clarity, and arguable relief, from certain of the prior onerous regulatory obligations. Despite the modifications, however, there is still ambiguity about many aspects of the regulations, and the CCPA remains the most stringent privacy compliance law in effect in any state in the United States.

Read more: Attorney General Releases Modified CCPA Draft Regulations: Key Changes Your Business Should Know

Authors: Katherine Hayes, Partner & Hayley Nankivell, Law Graduate

In December 2019, the Office of the Australian Information Commissioner (OAIC) released the latest of several reports tracking data breaches under the notifiable data breaches scheme, introduced in February 2018.

Read more: The Latest on Mandatory Data Breach Reporting – Incidents Continue to Rise

Author: Ben Evans

The CJEU has now published its decision in the Sky v Skykick trade mark case and the ruling will be seen as good news for brand owners.

The case involves the well-known broadcaster Sky who were involved in a trade mark dispute with Skykick, a cloud migration company. Sky brought proceedings against Skykick alleging that its use of the mark SKYKICK amounted to infringement of their various SKY marks. By way of counterclaim Skykick sought a declaration that Sky's trade marks were invalidly registered, on the basis that the specifications lacked clarity and precision and had been filed in bad faith.

Read more: Sky v Skykick Trade Mark - a Sigh of Relief for Brand Owners