Counterfeiting

News & Analysis as of

Don’t Copy “Bounty” Bars: Distributors of Chocolate Bars Prohibited from Imitating “Bounty Bar Shape”

Mars saw a violation of its three-dimensional “Bounty” trademark and filed a lawsuit against the distributor of the “Wish” chocolate bar....more

A Prime Concern: Counterfeiting on Amazon

Readers: find any good deals on Prime Day? For my part, I abstained. I’ve had a “Gold Box” deal sitting in the box for about 6 months now — turns out, I really didn’t need a pressure cooker....more

Is Counterfeit Currency A Bank Note?

Counterfeiting was once considered to be tantamount to treason. It is still a serious, but not capital, crime. In fact, it is one of only four crimes specifically mentioned in the Constitution. Notably, however, the...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

Jack Ma Confuses Counterfeit with Off-Brand

Jack Ma, the founder of the Chinese internet giant Alibaba, recently said that the counterfeit problem so many brands are dealing with today is primarily a result of the fact that the fakes are actually better than the...more

Canada Acts To Prevent Importation of Counterfeit Goods into Canada

Canada has introduced enhanced border control measures to prevent counterfeit and copyright-infringing goods from being imported into and exported from Canada. Under the previous regime, a rights-holder had to obtain a court...more

Law à la Mode: 10 tips when licensing a brand; a new provision for trademark parody; and more INTA Special

The French editorial team is delighted to bring you this special edition of Law à la Mode, marking the 138th INTA Annual Meeting in Orlando. The focus for this special edition is the European Union trademark reform,...more

Second Circuit Holds Manufacture and Sale of Counterfeit Goods Not an Advertising Injury

In its recent decision in United States Fidelity & Guarantee Co. v. Fendi Adele S.R.L., 2016 U.S. App. LEXIS 8973 (2d Cir. May 17, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had...more

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

What Are We Going to Do About Amazon?

My client Sarah is a talented graphic designer who developed the idea of printing unique designs on curtains. She began selling them on Amazon and the product became wildly successful. Due to this popularity, counterfeiters...more

Death Knell for Knockoffs and Counterfeits?

U.S. Supreme Court Agrees to Define the Test for Copyrightability of Designs on Useful Articles - The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the...more

Recent Congressional Health Policy Hearings

A number of recent Congressional hearings have focused on health policy topics, including the following: - ..A House Energy and Commerce Subcommittee on Health hearing on “Medicare Access and CHIP Reauthorization Act of...more

SC Public Policy Update - April 2016 #5

What's New - SENATE - The Senate had a very active week of floor debate as members worked through the calendar in an attempt to send bills to the House of Representatives before the May 1st crossover deadline. The...more

Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview

Kristen McCallion and Natalie Arbaugh discuss emerging trends in brand protection and anti-counterfeiting, and how consumer products companies can protect their valuable brands from trademark infringers and counterfeiters in...more

Reforms to European Union Trade Mark Law

The European Union recently adopted new legislation introducing miscellaneous reforms to EU trade mark law. The reforms are numerous and include the adoption of a new designation for the Community trade mark itself and...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods: Part 2 of 2

Part 1 of this blog discussed the advantages of a proactive and integrated IP protection strategy. Here, in Part 2, we address the benefits and weaknesses of the various IP protections and provide one example of a cohesive...more

From Runway to Replica: Intellectual Property Strategies for Protecting Fashion Designs

Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each...more

Full steam ahead for the EU’s new Trade Mark Directive

On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal...more

Legal Trends: Intellectual Property

The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods (Part 1)

In today’s world of rapidly changing products, as well as what seems to be an ever increasing number of ways to produce counterfeit and/or infringing products, manufacturers need to be proactive in preventing and stopping...more

Law a la Mode - Issue 18 November 2015

The Australian editorial team is delighted to bring you the 18th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design Group for distribution to clients and contacts of the...more

Law À La Mode - Landmark Case for Counterfeit Goods Infringement in China

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker...more

Tiffany and Co. v. Costco Wholesale Corp.: TIFFANY Mark Infringed by Costco’s Sales of “Tiffany” Rings

In a recent decision, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co. (“Tiffany”), deciding that Costco Wholesale Corp. (“Costco”), the largest...more

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

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