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Foreign Entities Intellectual Property Protection

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 6, Issue 3, April 2025

Welcome to our third issue of 2025 of Decoded - our technology law insights e-newsletter. We hope you enjoy this issue and thank you for reading. SEC may Reverse Proposed Cryptocurrency Custody Rule and Ohio House...more

Lathrop GPM

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed...

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A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the...more

Seyfarth Shaw LLP

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

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The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

Buckingham, Doolittle & Burroughs, LLC

U.S. Businesses Need Foreign Trademark Registrations in the Wake of Abitron

U.S. businesses selling abroad cannot enforce domestic trademarks against foreign entities selling infringing goods into the United States through strawmen, according to a recent ruling by the U.S. Supreme Court in...more

Clark Hill PLC

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign...

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On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the...more

BakerHostetler

Extraterritorial Reach of the Lanham Act

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The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United...more

International Lawyers Network

First-to-File or First-to-Use? Trademark Protection in Australia

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

Buckingham, Doolittle & Burroughs, LLC

SCOTUS to Rule on Abitron’s Foreign Application of the Lanham Act

Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in Abitron v. Hetronic, potentially...more

Womble Bond Dickinson

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets...

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The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...more

Fish & Richardson

President Biden Signs "Protecting American Intellectual Property Act of 2022" Into Law

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On January 5, 2023, President Biden signed into law the "Protecting American Intellectual Property Act of 2022." Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336, 88 Fed. Reg. 2229 (Jan. 13,...more

Dorsey & Whitney LLP

Congress, President Align on Powerful New U.S. Intellectual Property Protection Law

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On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more

Sheppard Mullin Richter & Hampton LLP

Potential Sanctions for Alleged Intellectual Property Theft on the Horizon?

On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more

Foley Hoag LLP

President Biden Signs the Protecting American Intellectual Property Act of 2022

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On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIP Act”) into law. The law is designed to shield American businesses from trade secret theft by foreign actors....more

Venable LLP

Long-Awaited Protections for Intellectual Property Could Have Significant Implications for Federal Government Contractors

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The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond...

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“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

Dechert LLP

Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg

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Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more

Hogan Lovells

New trade and legal policy rules affecting conglomerates can impact restructurings

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Tightening trade restrictions and concerns swirling around intellectual property rights are creating new risks for conglomerates faced with financial stress, especially when it comes to selling their assets. ...more

Hogan Lovells

Dutch court recognizes cross-border jurisdiction in patent infringement case against Chinese defendant

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In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more

Mintz - Intellectual Property Viewpoints

New revised USMCA trade deal affects intellectual property rights, but not exclusivity period for biologics

On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement (“USMCA”). The USMCA, if ratified by each respective country, would replace the...more

White & Case LLP

New EU sanctions to target malicious external cyber-attacks

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On 17 May 2019, the EU put in place a new legal framework for sanctions targeting malicious cyber activities from outside the EU that threaten the Union or its Member States. The aim is to enhance the EU's cyber resilience...more

Hogan Lovells

USPTO Proposes new rule requiring foreign trademark applicants to be represented by US licensed attorney

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The United States Patent and Trademark Office (“USPTO”) has recently issued a notice of proposed rulemaking that would require all foreign-domiciled trademark applicants, registrants, and parties to TTAB proceedings to be...more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Polsinelli

Digital Assets and the Long-Arm of the Law

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A recent ruling from a federal district judge in the Southern District of New York, involving a trademark dispute between a digital asset offering and web-titan Alibaba, has caused heads throughout the FinTech world to turn. ...more

Foley Hoag LLP

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

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This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

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