Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
Ask a CFIUS Expert: Is Crypto Spying on Us?
Hot Topics in International Trade-Braumiller Law Group-FDI Into Mexico from China
4 Key Takeaways | Solar Industry & Chinese Tariff Update
10 Key Trade Developments: Trade Remedy Cases
Episode 309 -- Alex Cotoia on Compliance with the Uyghur Forced Labor Prevention Act
10 Key Trade Developments: China
Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023
JONES DAY TALKS®: Corporate Compliance in Asia: Managing Rapid Regulatory Change and Ambiguity
Hot Topics in International Trade. Braumiller Law Group Partner & Founder Adrienne Braumiller joins Vp of Marketing Bob Brewer for an Update on Forced Labor
Episode 292 -- 3M's $6.5 Million FCPA Settlement with the SEC
5 Key Takeaways | How to Effectively Leverage the Chinese Patent System
Third Party Observation in Patent Prosecution in China
The Grace Period for Novelty in Chinese Patent Law
One Month to a More Effective Compliance Program with Boards – Day 14 - Boards and Doing Business in China
Episode 276 -- Review of Phillips and Franks Int'l SEC FCPA Settlements
Sanction and the Increasing Complexity of Trade Compliance
Braumiller Law Group Help With China Imports
Coming Conflict with China: Part 5 - Good Compliance Is Good Business
JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties
Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in...more
With the rapid economic development in the society, the update and iteration speed of many products, especially electronic products, is accelerating. This situation has also given rise to a huge market for the recycling and...more
The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This...more
In recent years, the forms of trademark infringement have become more and more diverse. The Trademark Law, the Regulations for the Implementation of the Trademark Law and judicial interpretations have clearly stipulated that...more
The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more
When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more
Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has a certain influence on identical or similar goods...more
Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...more
Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more
Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more
The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more
4. The degree of originality influences copyright protection of device trademark - The device elements in a trademark can be divided into decorative device, device as the background of words, prominent device, pure device...more
As the most important intangible asset in business activities, a trademark with a novel, aesthetic, easy-to-remember and catchy design is often a powerful tool for business to open the market, maintain competitiveness and...more
Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the...more
A color combination trademark refers to a trademark composed of two or more colors in a certain proportion and in a certain order, which can be registered and protected in China since the amendment of the Trademark Law in...more
Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”)...more
China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more
With the rapid development of international trade, the use of trademarks in OEM (original equipment manufacturing) often becomes a headache for both local and foreign OEM parties. Among them, the most concerned issue is the...more
With the increasing protection of IP rights on e-commerce platforms, trademark registrants’ rights are respected and protected. It is difficult to sell counterfeit products on e-commerce platforms. For example, according to...more
It is well known that one of the key issues in trademark registration allowance and affirmation cases is whether a trademark is similar to another prior conflicting trademark on identical or similar goods. The determination...more
Foreign brand owners whose brands are being infringed in other countries may have an avenue to pursue extraterritorial injunctions. In this two part post, we examine how two courts: one in Hong Kong and the other in the U.S....more
Unlike trademark right and patent right which is generated through registration, there is no specific certificate of rights for “commodity packaging and decoration with a certain influence” in the sense of the Anti-Unfair...more
Punitive damages refer to the compensation determined by a court in excess of the actual loss of the right owner. In China, in infringement cases, the principle of compensatory damages has always been adopted, which is...more
China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in...more