News & Analysis as of

Counterfeiting China

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2024 - De Minimis An Ever-Growing Problem of De Maximus Proportion

From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China’s Patent Law 2023

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Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

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Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

Linda Liu & Partners

Determination that Counterfeit Clothing Styles Constitute Unfair Competition

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With regards to popular or unique quality clothing styles, imitation often occurs. For such imitation, it is difficult to regulate from the perspective of trademark infringement, and when claiming copyright infringement, it...more

Smith Gambrell Russell

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

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I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against...more

Hogan Lovells

A general introduction to technology disputes in Mexico

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In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both...more

Morgan Lewis - Tech & Sourcing

Proposed Chinese Ecommerce Law Amendment Calls for Harsher IP Infringement Penalties for Marketplace Operators

We recently issued a reminder of the September 1 effective date of China’s new Data Security Law (DSL) and its potential impact on all business operators in China, including multinational corporations. But the DSL is not the...more

McDermott Will & Emery

US-China Agreement Supports International Injunction Against Alleged Chinese Counterfeiter Under State Law

Addressing for the first time whether state law has extraterritorial scope, the US Court of Appeals for the Sixth Circuit upheld a worldwide preliminary injunction against an alleged Chinese counterfeiter’s use of alleged...more

ArentFox Schiff

Don’t Bank on the Billions: Chinese Banks Appeal to Second Circuit in Effort to Dodge Fine for Failing to Help Enforce $1.8...

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The Bank of China and four other Chinese banks (the Banks) are urging the Second Circuit to reject a requested $150 million contempt sanction for allegedly perpetuating the sale of counterfeit Nike and Converse products by...more

Dorsey & Whitney LLP

Protecting Famous Names in China – Michael Jordan and His Eight-Year Trademark Battle in China

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On March 26, 2020, the Chinese Supreme People’s Court (the “SPC”), the highest court in China and thus China’s equivalent to the United States Supreme Court, issued its re-trial decision, giving Michael Jordan an assist...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S.-China Trade Deal Promises Better Intellectual Property Protection for U.S. Businesses in China

On January 15, 2020, the U.S. and China signed Phase One of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (the “U.S.-China Trade...more

Haug Partners LLP

The United States-China Trade Deal: Key Provisions for Intellectual Property Owners

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On January 15, 2020, the United States and China entered into the Economic and Trade Agreement Between The Government Of The United States Of America And The Government Of The People’s Republic Of China....more

Morgan Lewis

IP Protection in the US–China Trade Deal

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The US–China trade deal signed on January 15 aims to strengthen intellectual property protection for US intellectual property holders....more

BakerHostetler

China: New Trademark Law Will Come Into Effect on Nov. 1, 2019

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On April 23, the Thirteenth Standing Committee of the National People’s Congress passed the fourth amendment to the Trademark Law of China. The new trademark law will come into effect Nov. 1, 2019. ...more

Ladas & Parry LLP

Amendments To China Trademark Law

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On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights...more

Dorsey & Whitney LLP

Real News Update: White House Issues Memo Aimed at Online Fakes

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Counterfeiting is a large problem for consumer product companies.  However, U.S. counterfeiting laws are difficult to enforce against many companies because they operate outside the United States, or the manufacturer of the...more

Knobbe Martens

Trump’s China Tariffs on Fashion & Beauty Products and Requests for Exclusion

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The Office of the United States Trade Representative (USTR) released a report on an investigation of China’s acts, policies, and practices related to technology transfer, intellectual property (“IP”), and innovation. The...more

Ladas & Parry LLP

Leaders League Interview With Dennis Prahl: Latest IP Challenges Faced By Brandowners

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How have the challenges facing global brand owners and their outside counsel changed? Brand threats are nothing new, but their increasingly complex nature and sophistication have resulted in the need for significantly...more

Knobbe Martens

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

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Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

Kilpatrick

Enforcing IP Rights in the Chinese E-Commerce Marketplace

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In the last few years, China has become the world’s the largest e-commerce marketplace. On November 11, 2017 alone — a shopping holiday known as “single day” created by Chinese e-commerce giant Alibaba — Alibaba subsidiary...more

Hogan Lovells

A model Customs case in China: creating the right conditions for effective IP enforcement by Chinese authorities.

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In May 2016, the General Administration of Customs (“GAC”) and the Public Security Bureau (“PSB”) jointly uncovered large amounts of counterfeit automobile engine lubricants. The lubricants were first sold on e-commerce...more

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

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U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Best Best & Krieger LLP

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting...more

Knobbe Martens

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

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In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

Proskauer Rose LLP

Three Point Shot - December 2016

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In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

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