Intellectual Property, Information Technology & Cybersecurity


The United States Patent and Trademark Office (USPTO) announced that commencing August 3, 2019, all foreign–domiciled applicants, registrants, and parties to trademark proceedings will need to be represented by U.S.-licensed legal counsel. This new rule was said to be needed to safeguard the accuracy and integrity of the U.S. Trademark Register in response to the tens of thousands of inaccurate and/or possibly fraudulent filings by foreign applicants.

Read more: New U.S. Trademark Rule Requires U.S.-Licensed Counsel For Foreign Applications


YESTERDAY (9 JULY) THE INFORMATION COMMISSIONER’S OFFICE ANNOUNCED ITS INTENTION TO FINE THE INTERNATIONAL HOTEL AND HOSPITALITY COMPANY MARRIOTT INTERNATIONAL £99,200,396 FOR INFRINGEMENTS OF THE GENERAL DATA PROTECTION REGULATION (GDPR).

This is the second such multimillion pound penalty announced by ICO this week – the first related to British Airways. It is an intention to fine at this stage – the ICO will consider carefully the representations made by the company and the other concerned data protection authorities before it takes its final decision. But the magnitude of the proposed fine indicates the very serious nature of the breach of the GDPR.

Read more: Another record breaking GDPR fine announced


If you are unsure if you or your business is affected by the European Union (EU)’s General Data Protection Regulations (GDPR) in Malaysia, this article is for you!

In this article, we aim to narrate the essentials of the GDPR and Malaysia’s Personal Data Protection Act 2010 (PDPA) to give a better understanding of GDPR’s application in Malaysia and also an overview of what needs to be done for Malaysian businesses receiving personal data from individuals of EU member states.

Read more: The EU General Data Protection Regulation (GDPR) Application in Malaysia


A product’s distinctive appearance may be subject to trade dress protection under U.S. trademark law provided it has acquired secondary meaning (or acquired distinctiveness) and the specific design elements being claimed are not functional. Put differently, the term “trade dress” refers to the aesthetic and non-utilitarian design elements of a product, separate from its packaging, that have acquired source-identifying significance in the market. Trade dress is a subset of trademark protection that requires a fairly high bar to establish protection.

Read more: How Patent Applications Can Affect Trade Dress Protection in the United States


Barry Werbin, of Herrick, Feinstein LLP, was featured in the article "We’re Consuming the Image: In Argument Before Judge, Lawyer for Andy Warhol Foundation Says Pop Artist Did Not Copy Photo of Prince" published by ARTnews. The article discusses a pending case in which a photographer alleges that Andy Warhol copied a portrait photograph that she took of the pop artist Prince in 1981. Barry Werbin, the photographer’s lawyer in the case, is quoted throughout the article.

Read the article on ARTnews.