Monthly Archives: August 2020

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded the infringer’s profits.

Background

Romag Fasteners, Inc. (Romag) sells magnetic snap fasteners for leather goods under its registered trademark ROMAG, and Fossil, Inc. (Fossil) designs, markets and distributes fashion accessories. Romag and Fossil had entered into a license agreement that permitted Fossil to use Romag’s fasteners in Fossil’s handbags and other products. Romag later discovered that certain Fossil products contained counterfeit snaps bearing the ROMAG mark, so Romag sued Fossil in Connecticut district court for trademark infringement. During the trial, it was established that one of Fossil’s manufacturers in China consistently used counterfeit ROMAG snaps.

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ILN Today Post

The Clock is Ticking on TikTok, 90 Days to Divest

Most people are familiar with the social media sensation, TikTok, a mobile device application which allows users to create and share short-form videos. It is reported that there have been over 175 million downloads of the application in the U.S. Despite its popularity, most TikTok users are oblivious to how the national security concerns raised by the current White House Administration will affect them. Not to mention many users are probably unaware and will be surprised to learn that TikTok is a Chinese application. Beijing-based, ByteDance Ltd. (ByteDance) is the parent company of TikTok.

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International Lawyers Network Welcomes New Member in Australia

We’re thrilled to welcome a new member firm, Kalus Kenny Intelex, an Australian firm based in Melbourne!

Kalus Kenny Intelex (KKI) is a progressive, commercially oriented firm, specializing in property, corporate and commercial, and dispute resolution. Their lawyers offer outstanding commercial and legal experience in several key industries, providing clear, commercial advice and strategies. They share their clients’ successes by becoming a true strategic partner in their pursuits, and always seek to deliver more value by offering business outcomes in addition to legal advice. Their personal and proactive approach, combined with a straightforward nature, makes them a different kind of law firm. For over 25 years, they have been providing expert legal and proactive strategic advice for some of Melbourne’s most successful property developers, entrepreneurs and businesspeople.

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Client Retention: Tips for the Pandemic’s Secret Weapon

As we edge towards the end of the third quarter of 2020 and a great deal of uncertainty still remains, the one conversation I’m having over and over again with lawyers is around how to keep current clients happy and bring in new work with them. While we’ve already addressed the importance of business development activities here on Zen, we haven’t talked much about client retention, which is clearly also essential – we all know the adage that it’s cheaper to keep a current client than to do the work of bringing on a new one.

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Luxembourg Employers Face Additional Obligations During Heat Waves in the Midst of COVID-19

On August 8, 2020, in response to local meteorology reports of expected temperatures of above 95°F, Luxembourg’s Ministry of Health announced a “red alert warning,” and implemented a Heat Wave Plan. The Heat Wave Plan (i) advises that older individuals, infants, and those with chronic illnesses may be affected by such high temperatures and (ii) offers personal check-in and hydration services by the Luxembourg Red Cross and home care agencies. All such visits must adhere to COVID-19 safety procedures.

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Californians May Have to Live Without Ride Share Services During Appeal of Temporary Restraining Order

To some, it may feel like it was a lifetime ago when ride share companies did not even exist.  In those seemingly long-ago days, people relied upon friends to drive them to or from the airport, or assigned designated drivers for those nights when they attended events where alcohol would be served, or used other methods of transportation to travel the roadways to their various destinations.

Californians may soon be living like that again.

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ILN Today Post

PART – II: National Education Policy 2020 – Reforms in Indian Higher Education System

Focused on minimising rote learning and introducing reforms in the Indian education system to ensure all round development of students, the long-awaited National Education Policy 2020 (“NEP 2020”) has been announced by the Union Cabinet on July 29, 2020. In continuation of our earlier newsletter of July 31, 2020 available at https://www.mondaq.com/article/972902, we discuss under this update, the reforms introduced in the Indian higher education system under the NEP 2020.

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ILN Firm of the Month: PlasBossinade Advocaten N.V., the Netherlands!

The ILN is proud to announce our latest firm of the month, PlasBossinade Advocaten N.V., the Netherlands!

PlasBossinade is a full-service law firm and one of the leading legal service providers in the Northern Netherlands. The firm looks after legal matters of a lot of large scale and smaller enterprises, public authorities, institutions and private persons in the Northern Netherlands and beyond. PlasBossinade provides clear, strategic and creative advice with a realistic view at the possibilities, risks and costs.

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Video: Cybersecurity and Other Considerations for Extended Remote Work Models – Employment Law This Week

As featured in #WorkforceWednesday: As the uncertainty with the COVID-19 pandemic continues, many employers are considering extended or permanent work-from-home (WFH) models. Attorneys Brian G. Cesaratto and Shawndra G. Jones share some tips for employers on cybersecurity and other issues to consider when implementing extended WFH models.

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Ontario Court of Appeal Limits Severability of Termination Clauses in Employment Contracts

On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America, Inc., the Court of Appeal held that if the termination provisions governing “cause” of an employment contract violate the Employment Standards Act, 2000 (“ESA”), those provisions are not severable and the entire termination provision of the employment agreement is void and unenforceable.

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