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  • Trademark law – Pear too strong a reminder of an apple

    Trademark law – Pear too strong a reminder of an apple

    Published: 13 Jun 2017

    One cannot compare apples and pears, at least not according to the equivalent German expression for comparing apples and oranges. However, as demonstrated by a decision of the European Union Intellectual Property Office (EUIPO), things may look rather different in the field of trademark law. Trademarks are of great importance to businesses. They create brand recognition among consumers and help ...

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  • Moral Rights and Charging Bulls!

    Moral Rights and Charging Bulls!

    Published: 13 Jun 2017

    Moral Rights and Charging Bulls! The recent dispute involving the Charging Bull and the Fearless Girl sculptures raises interesting issues relating to the protection available to an author for infringement of moral rights. Charging Bull The Charging Bull is a bronze sculpture displayed in the financial district of Manhattan, New York City.  According to Wikipedia, the bull was cast in B...

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  • Properly preparing a will

    Properly preparing a will

    Published: 12 Jun 2017

    There are clear rules in Germany determining who will inherit. In the absence of a will or contract of inheritance, the rules of intestate succession apply. In that case, the first to inherit are the spouse or civil partner and one’s own children. A lot of people put off thinking about what they want to happen with their estate after their death and in so doing forgo preparing a will or contract...

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  • Legal Shorts 09.06.17 including Brexit: Euro derivatives clearing and MiFID II: ESMA final report on product governance

    Legal Shorts 09.06.17 including Brexit: Euro derivatives clearing and MiFID II: ESMA final report on product governance

    Published: 09 Jun 2017

    Welcome to Legal Shorts, a short briefing on some of the week’s developments in the financial services industry. If you would like to discuss any of the points we raise below, please contact me or one of our other lawyers.   Claire Cummings 020 7585 1406 claire.cummings@cummingslaw.com www.cummingslaw.com Brexit: Euro derivatives clearing The Futures Industry Association...

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  • OLG Hamburg on misleading advertising – No fees means no fees

    OLG Hamburg on misleading advertising – No fees means no fees

    Published: 08 Jun 2017

    If something is promoted as being free, then it should in fact be free. Otherwise, this kind of advertising might be misleading and violate competition law, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamburg [Higher Regional Court of Hamburg]. A bank had made an offer that sounded tempting, advertising that no cash withdrawal fees would be incurred when withdrawing money anywhere...

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  • The FCC’s Recent TCPA Ruling

    The FCC’s Recent TCPA Ruling

    Published: 06 Jun 2017

    On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). New Concerns for Telemarketers The recent FCC ruling raises a number of new issues for telemarketers seek...

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  • The TCPA – A Concise Guide for Telemarketers

    The TCPA – A Concise Guide for Telemarketers

    Published: 06 Jun 2017

    What is the Telephone Consumer Protection Act (“TCPA”)? The TCPA[1] was passed into law in 1991.  The Federal Communications Commission (the “FCC”) is empowered to issue rules and regulations implementing the TCPA.  Among other things, the TCPA allows individuals to file lawsuits and collect damages for receiving unsolicited telemarketing+ calls, faxes, pre-recorded calls or autodialed...

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  • Consumer Privacy Protection and Telemarketing

    Consumer Privacy Protection and Telemarketing

    Published: 06 Jun 2017

    The fundamental issue underpinning consumer privacy protection and telemarketing/text message marketing activity is that of consumer consent – and the extent to which a prospective marketer has secured such consent.  Without obtaining the proper consent, as required under various statutes such as the Telephone Consumer Protection Act (the “TCPA”) and the Telemarketing Sales Rule (the “TSR”), ...

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