On March 16, 2011, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) announced results for fiscal year 2010. ICE and CBP jointly combined to initiate 19,959 seizures, a 34% increase over 2009 numbers. Authorities seemed to focus efforts on seizures of products that posed a… more >
Many of our clients seeking foreign protection select Taiwan as one of the countries for filing. Trademark filing fees in Taiwan will be revised effective February 1, 2011. According to the new regulations, the basic filing fee for Classes 1 to 34 will remain at NT$3,000 (@ $103 USD) for… more >
The U.S. International Trade Commission in December released the first of two reports on the economic effects of Chinese infringement on the bottom line of U.S. firms. Not surprisingly, illegal knockoffs are one source undermining the profitablility of U.S. products and technologies. However, there is also a threat stemming from… more >
On December 2, 2010, in The North Face Apparel Corp. et al. v. Fujian Sharing Import & Export Ltd. Co. et al., (Case No. 10-1630) federal judge Alvin K. Hellerstein of the Southern District of New York issued a contempt Order against defendant Chinese counterfeiters who refused to cease activity… more >
Fall is here and with it the beginning of college football season. When you are watching your favorite team on TV or, if you are really lucky you are watching from the bleachers, you’ll be cheering for (or cursing) the quarterback and the defensive linemen. What you will not see… more >
The Foreign Corrupt Practices Act of 1977 (“FCPA”) is a United States law known primarily for a provision concerning bribery of foreign officials. In recent months, two FCPA cases highlight the fact that international bribery and corruption have returned to the political spotlight. In the first case, US law enforcement… more >
The Federal Circuit has recently further “clarified” the standard for likelihood of confusion in trademark registrations in Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition. A trademark applicant moved for summary judgment to dismiss an opposition proceeding filed by Odom's Tennessee Pride Sausage, Inc. The Federal Circuit agreed with the… more >
If you saw a brown rectangular baking pan divided into 12 smaller rectangles, would you immediately think of a Hershey chocolate bar? What if the pan was marketed as a “Chocolate Bar Brownie Pan” and each small rectangle had the word “chocolate” printed on it? Williams-Sonoma, a retail store known… more >
The internet has brought to the fore two challenges to owners of well-known brands of high-quality products. While both existed before the digital age, we have seen an explosion of counterfeit and pirated goods offered for sale online. Equally disconcerting to some of our clients, however, is the rise of… more >
Most people who purchase fake Prada bags and knock–off Louis Vuitton luggage probably don’t associate their new wares with child labor or slaves chained to sewing machines, but that’s exactly what consumers are supporting when they buy these items. There are slaves and children 11, 12, 13 years old, working… more >
Beware the trademark registration pitfalls that await you under administrative law. Maybe you feel safe applying for trademark protection, simply because no one else is selling what you are selling and is not selling in your channels of trade. But that is not the test the Trademark Trial and Appeals… more >
The time for change is upon us, and as ICANN’s Senior Director of Internationalized Domain Names Tina Dam has said, we are about to see “...the biggest technical change to the Internet’s addressing system…in many years.” Internet domains will not be in just the seemingly ubiquitous Latin-character alphabet for much… more >
Recently, I was at a social engagement and found myself toasting with a newfound Russian acquaintance. Eventually, the subject of our newly opened offices in Bangkok came up. “Thailand,” she said with an arched brow and knowing smile, “shyopping is vyery goot there… Cyoach bag for almost nyothing.” This is… more >
In late November, 2009, the United States Justice Department announced indictments against several groups of individuals for conspiring to support a terrorist organization, Hizballah. The individuals were charged with trafficking in stolen merchandise and selling counterfeit goods, specifically including the sale of counterfeit Nike® shoes and Mitchell & Ness® sports… more >
(OP-ED ARTICLE PUBLISHED IN THE BOSTON HERALD, OCTOBER 10, 2009) There is no easy way to describe the reality facing millions of Asian children in slave labor. But consumers need to know this reality has a face - that of a child begging you to do something. When you buy… more >
By now, many trademark attorneys are aware of the recent decision of In re Bose Corporation and that the Court of Appeals for the Federal Circuit (CAFC) held that fraud on the PTO includes only those times when a party knowingly makes false material representations with the intent to deceive… more >
So your revolutionary product is sustainable, biodegradable, eco-friendly, and/or carbon neutral? Prove it. That is what the Federal Trade Commission (“FTC”) has been saying. The FTC took action this last summer against allegedly false, unsubstantiated “green-washing” claims, when it filed three administrative lawsuits against companies (notably among them, Kmart Corp.)… more >
"It’s the thought that counts.” This common refrain may suffice in various social settings but it is simply not enough before the Trademark Trial and Appeal Board. The best of intentions will need to be supported by objective evidence when it comes to an applicant’s bona fide intent. When filing… more >
US trademark owners rightly are concerned about infringement and protecting their marks online. Such concerns bear on auction sites like eBay and user names chosen by its members. Fear not. US trademark law still applies. See, 15 U.S.C. §1051 et seq. Problem: eBay user names and trademark infringement Standard: Likelihood… more >
The sale of counterfeit goods by sellers based in foreign countries has, unfortunately, become a familiar problem to many companies. Fake goods originating from countries such as China and Thailand are increasingly making their way directly to buyers in the U.S.. The foreign counterfeiters sell their illicit goods to U.S.… more >
During the life of a trademark there are periodic requests for specimens by the USPTO. Deciding what may or may not comprise an acceptable specimen can at times be confusing and, at others, frustrating. A specimen is not just an example of the mark. It represents your proof of use.… more >
The issue of fraud presents unique challenges for parties that want to maintain a trademark portfolio as their respective product/service offerings change over time. The Trademark Trial and Appeal Board (TTAB) consistently has found fraud in filings even where a party had no intent to misrepresent or deceive, but simply… more >
Trademark owners of US multiple class registrations and applications in the post-Medinol world can now breath a sigh of relief. The Trademark Trial and Appeal Board (TTAB) recently held that a finding of fraud in one class does not automatically result in the cancellation of all classes in a multiple… more >
After being squarely knocked for its US patent, The J. M. Smucker Co. is now taking Pierre Foods, Inc., Clovervale Farms, Inc., and CJ5 Foods, Inc. to school – U.S. District Court for the Northern District of Ohio, that is – for trade dress infringement, dilution, unfair competition and deceptive… more >
While a significant portion of our work is for sophisticated clients with a portfolio of patents and trademarks, we do from time to time get questions from potential clients or referring attorneys who have never gone through the trademark process before. If you fit that description, this one's for you.… more >
Six years after it was signed by twenty-eight nations, the United States Senate and House passed the implementation bill agreeing to join the Madrid Protocol, the independent international trademark registration agreement. The Protocol permits a company from the United States to file an ITU application for registrations in the nations… more >