Quick Tip: Trademark Protection In Cuba

Cuba is now an open market for US businesses. President Obama announced in December 2014 that US is taking steps towards increased travel and improved relations with Cuba. This will mean a new frontier for many businesses as commerce restrictions are lifted.

One exception to the long-standing US embargo on trade with Cuba permits US companies to file for and obtain trademark registrations in Cuba. Many companies did not consider obtaining a Cuban trademark a high priority but it is now something to consider. Cuba is a “first to file” jurisdiction – in other words, a Cuban registration for a trademark will be awarded to the first applicant, even if that applicant has no legitimate claim to the mark. An applicant does not have to use the mark in Cuba, or even plan to expand its business into that country, before filing an application for trademark registration. Proactively seeking a Cuban trademark registration now will help ensure that the mark is available when the embargo with Cuba is lifted.

There are two ways to apply for a Cuban trademark registration: (1) if a US company owns a current US trademark registration, a Cuban application can be based on the US registration and filed through the international Madrid Protocol treaty; or (2) a national Cuban trademark application can be filed through local trademark agents with the Oficina Cubana de la Propiedad Industrial (OCPI), the Cuban equivalent of the US Patent and Trademark Office. Seek advice of counsel as you expand your trademark portfolio.

Being proactive about foreign registrations is an important part of a strong intellectual property portfolio.

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Internet Law & Security Updates

So much is happening online that it can be hard to keep up. I have compiled some of the most recent events in Social Media, Internet law & Cybersecurity. Know how these changes affect your privacy and other rights. If you have any questions leave them in the comments!

Social Media

Comments on social media considered and Facebook “Likes” enjoy federal protection. On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case No. 34-CA-012926, that an employer had violated federal labor law by terminating an employee who had “liked” a former co-worker’s negative comment about the employer posted on Facebook.  The Board also ruled that the employer violated the National Labor Relations Act (the “Act”) by firing another employee for posting an expletive-laced comment about the employer in response to the former co-worker’s comment, and it found that the employer’s “Internet/Blogging” policy banning “inappropriate discussions” regarding the company unlawfully chilled employees’ exercise of their right to engage in protected, concerted activity under the Act.

BYOD

Reimburse employees for wireless service. A recent California ruling that requires companies to reimburse employees for wireless serviceAlthough the case raised more questions than it answered about what level of reimbursement is required, it seems clear that companies will bear a larger portion of the cost of BYOD programs than they had previously borne.

Security 
According to the New York Times, when one adds the compromised records in Target, PF Chang’s, Neiman Marcus, Sally Beauty, Michaels, UPS and others, the number of affected customers amounts to more than one-third of the U.S. population.

Home Depot the latest victim of security breach. Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black market and that those numbers may have originated at Home Depot locations. Krebs’ reporting is here. This latest incident raises yet another round of concerns about the malware known as “Backoff” and the potential widespread effect on retailers. Home Depot has been hit with a class action lawsuit stemming from a suspected data breach at the home improvement retailer 

Using your cellphone’s gps to stay ahead of fraudsters. In a new effort to use technology to foil credit-card fraud, a company called BillGuard is testing a system that would monitor the precise whereabouts of mobile devices to detect possible payment issues. The tech firm is tracking mobile-phone locations in an attempt to stay one step ahead of fraudsters. Because smartphones are almost always near their owners, the technology would register and flag those occasions when a phone is not near the owner’s credit card. The technology would only be used with the consumer’s consent.

Healthcare.gov Server Hacked.The Department of Health and Human Services disclosed on Sept. 4 that malware had been uploaded on the Obamacare test server back in July. HHS officials say the malware was designed to launch a distributed-denial-of-service attack against other websites when activated and not designed to exfiltrate personally identifiable information. No consumer data was exposed in the incident, officials say (see HealthCare.Gov Server Hacked).

Apple plans to add safeguards to help address security vulnerabilities exploited by celebrity-photo hackers. The proposed changes include alerting users – using both e-mails and push notifications to devices – every time someone:

  • Changes an account password;
  • Uses a new device to log into an account;
  • Restores an iCloud backup to a new device.

After receiving a related alert, the user can immediately change their account password, or file a report of a suspected security breach with Apple. The company has yet to detail how exactly it will respond to those reports.

Privacy

Magazines in Michigan cannot share your personal information. The Michigan’s Video Rental Privacy Act limits the ability of companies to disclose information regarding customers’ video rental activities. In a case filed by a consumer who alleged that a magazine company had improperly disclosed her personal information, along with information about the magazines to which she subscribed, the U.S. District Court for the Eastern District of Michigan recently held that the law does in fact apply to magazines. The court noted that the statute is directed to companies “engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings,” and that magazines constitute “other written materials.”

Security Risks & the Healthcare Roll Out

Anticipation of the healthcare roll-out tomorrow, October 1, 2013, has sparked heated debate and concern over costs, employer rescission of benefits, and questions about the Health Insurance Marketplace. One question, raised by the FTC and other stakeholders, remains to be fully addressed: What security measures will be put in place to protect Marketplace consumers from identity theft?

The new Health Insurance Marketplace allows you to fill out an application and see all the health plans available in your area. While all insurance plans are offered by private companies, the Marketplace is run by either your state or the federal government. As designed, consumers create an account online or over the phone with a “navigator.”  Under the Affordable Care Act (ACA), the government is training additional customer service professionals to help consumers “navigate” the Health Insurance Marketplace. To create an account, participants must provide their personal data such as household size, income, passport, address, and potentially a social security number for every member of the household that needs coverage. 

What measures are being taken to dispose of information gathered by customer service professionals? What safeguards are in place to prevent identity theft? Scammers are already calling consumers and pretending to be navigators to gather their personal information.  How will consumers know the difference?

​How to protect yourself in the interim:

  • Do not give personal information to cold calls or emails from navigators or others representing themselves as part of the Marketplace.
  • ​If you call-in or seek help in person, ask navigators what the internal policy is on handling your personal information. 
  • Share the least amount of information necessary when shopping for health plans.

For more information about the healthcare roll out visit healthcare.gov

Update October 1, 2013: The government has released the following on avoiding consumer fraud http://oig.hhs.gov/fraud/consumer-alerts/alerts/marketplace.asp