News & Analysis as of

District Court Denies TRO and Preliminary Injunction Where Speculation on Future Harm Did Not Show Likely Irreparable Harm

Plaintiff SATA GmbH & Co. KG ("Plaintiff") sought an ex parte Motion for Temporary Restraining Order and a Motion for Preliminary Injunction. Plaintiff alleged that Defendants Zhejiang Refine Wufu Air Tools Co., Ltd. ("Wufu")...more

The Escalating Cost of Counterfeiting

Counterfeiting is one of the fastest growing economic crimes of modern times. The rapid expansion of the Internet has only compounded the problem in recent years. The International Chamber of Commerce (ICC) estimates that in...more

Reducing Counterfeits in Legitimate Supply Chains

In 2012, FBI agents entered the home of Rudy Kurniawan and found inside everything needed to produce counterfeit wine: corks, dozens of empty bottles and 18,000 labels of the world’s rarest wines. For years, Kurniawan ran a...more

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

A Shift in Liability for Credit Card Fraud

For too long, “swiping” a credit card has had at least one meaning too many. There was “swiping” as it pertains to running the magnetic strip of your credit card inside the groove of a small payment terminal to make an...more

Risky Business – Five Facts You Should Know About the EMV Liability Shift

On October 1, 2015 the major payment card companies instituted the EMV Liability Shift in an effort to incentivize card issuers and merchants to migrate to using payment cards with embedded chips (“chip cards”) according to...more

Credit Card Fraud: EMV compliance and shift of liability as of October 1

As of October 1, 2015, all major credit card companies in the United States (including, Visa, MasterCard, Discover and American Express) will impose a liability shift for counterfeit presentation of payment cards. In the...more

CBP Offers IP Owners Better Tools for Combating International Counterfeits

Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,...more

U.S. Customs and Border Protection Expands Scope of Counterfeit Information to Which Trademark Owners Are Entitled

U.S. Customs and Border Protection (CBP) published a final rule on September 18, 2015, that implements procedures for sharing information about imported merchandise with trademark owners for purposes of determining whether...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

If Your Business Takes Credit Cards, Are You Ready for October 1, 2015?

October 1, 2015, is the date that many payment networks, including Visa, American Express, Discover, and MasterCard, have set for a counterfeit fraud liability shift. Although that date is just around the corner, many small...more

Landlords Beware

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Tory Burch Protects Her Brand

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

FDA Reports Results of Annual Crack Down on Illegal Internet Pharmacies

Last week, FDA announced that more than 1,050 websites had illegal drugs and devices seized or received warning letters as part of the Eighth Annual International Internet Week of Action (IIWA). IIWA is an international...more

Counterfeiting – Bad Business for E-Commerce Websites

Everyone knows that counterfeiting is bad business for brands – it weakens consumer confidence and brand loyalty, erodes goodwill, and creates liability issues -- but this month online retailer Etsy learned that...more

MarkIt to Market - May 2015

The May issue of Sterne Kessler's MarkIt to MarketTM newsletter covers the negative impact of counterfeiting on e-commerce websites, recent changes in Russian trademark law, and an updated list of the Sunrise periods...more

Law à la Mode - Edition 16 - May 2015 (Global)

In This Issues: - Key Considerations: For Negotiating Electronic Point Of Sale Solution Agreements - Fashion Forward And Tech Savvy: The Co-Branding Of Wearable Technologies - The Internet Of Things: The...more

Law À La Mode - Special Edition – INTA 2015

In This Issue: - DUBAI’S d3: National talent meets international brands - COMBATTING COUNTERFEIT GOODS ONLINE: Are Alibaba’s anti-counterfeiting efforts enough? - A GUIDE TO PROTECTING A NEW FASHION ITEM: Our...more

Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

Scott & Scott, LLP attorney, Keli Johnson Swan, shares three red flags that can help software purchasers identify risky software....more

MarkIt to MarketTM | April 2015

In This Issue: - I Second that e-Motion: Protecting Motion Marks - USPTO Begins Accepting International Design Applications - Attending INTA Annual Meeting - gTLD Sunrise Periods Now Open - Excerpt...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

UK: Secondary ticketing market to become more transparent

The UK Government has agreed to an amendment to the Consumer Rights Bill which will make the secondary ticketing market more transparent and help to protect secondary ticket buyers against fraud....more

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