When Trademarks, Data Privacy And Discovery Collide

By Robert Jimenez (April 24, 2020, 1:23 PM EDT) -- Trademark rights are territorial, but data privacy laws are not. In a world of global trade and international brands, the question of where trademarks have been used and to whom products have been sold implicates customer data covered by strict privacy regimes.

At the same time, trademark owners are required to collect and transfer customer data to comply with discovery obligations in litigation.

This tension between trademark and privacy law is exacerbated by the growing number of fines issued by data authorities, as well as the complexities of information governance and electronic discovery.

To safely navigate these waters and avoid the...

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