News & Analysis as of

Intellectual Property Protection Enforcement Actions Trademarks

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Adams & Reese on

Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right...

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter. They break down the essentials,...more

Williams Mullen

PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property...

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter. They break down the essentials,...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

Dorsey & Whitney LLP on

Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Jenner & Block

Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad

Jenner & Block on

Two years after the US Supreme Court’s decision in Abitron Austria GmbH v. Hetronic International, Inc., US trademark owners and global businesses continue to grapple with its implications for cross-border enforcement. The...more

Farella Braun + Martel LLP

IP Terminology: Accuracy Matters

In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.” Just a reminder: one can patent inventions, copyright creative works of expression, and...more

Fish & Richardson

Lack of Bona Fide Intent to Use Sends Alcohol Trademark Application Down the Drain

Fish & Richardson on

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more

Troutman Pepper Locke

FDA and CBP Seize Nearly $34M Worth of Illegal E-Cigarettes in Joint Operation

Troutman Pepper Locke on

In the first major enforcement action involving the importation of illegal tobacco products by the new administration, and on the heels of the appointment of the new acting director of the U.S. Food and Drug Administration...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Releases 2025 Special 301 Report

On April 29th, Ambassador Jamieson Greer, U.S. Trade Representative (USTR), issued the 2025 Special 301 Report.  In a press release (being quite different in tone from many over the past decade), the USTR stated that "[o]ur...more

Knobbe Martens

Fashion’s New Powerhouse: IP Lessons from Prada’s $1.375 Billion Versace Deal

Knobbe Martens on

On April 10, 2025, Italian fashion house Prada announced its acquisition of Versace from Capri Holdings for $1.375 billion, uniting two of Italy’s most iconic luxury brands. Though financial implications have grabbed...more

Axinn, Veltrop & Harkrider LLP

Compounding Problems: Recent Decisions on Tirzepatide Highlight Interplay Between FDA Anti-Compounding Enforcement and Private...

Earlier this month, a federal district court denied the Outsourcing Facilities Association’s preliminary injunction motion, which sought to preclude FDA from taking enforcement action against compounded tirzepatide...more

Harris Beach Murtha PLLC

GLP-1 Weight-Loss Drugs Off Shortage List; Deadlines to Stop Compounding

Glucagon-like peptide-1 agonists, a class of medications known as GLP-1s, have grown in popularity, initially for the treatment of type 2 diabetes and more recently for obesity and other labeled and off-label indications for...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

Baker Donelson on

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

Jones Day

CJEU Grants Jurisdiction Over Foreign IP Infringement Cases

Jones Day on

The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

Saul Ewing LLP on

The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

K&L Gates LLP

Fashion Law Update – February 2025

K&L Gates LLP on

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

Womble Bond Dickinson

Prove It or Lose It: How USPTO’s Audit Program Inspired Canada’s Trademark Oversight

Womble Bond Dickinson on

If you own a U.S. trademark registration, you have likely encountered (or will encounter) an audit by the US Patent and Trademark Office (USPTO). The audit program, launched by the USPTO in November 2017, was enacted as a...more

McDermott Will & Emery

Rules Are Rules, Especially in Trademark Proceedings

The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrant’s failure to respond within a statutory time period, where there was insufficient justification...more

Amundsen Davis LLC

Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

Amundsen Davis LLC on

It’s cold in southeastern Wisconsin, and that can mean only one thing—it’s nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay!® will be retiring, I wondered...more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

Seyfarth Shaw LLP on

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Blake, Cassels & Graydon LLP

Prove It or Lose It: Trademark Registrar Initiates Proof-of-Use Proceedings

The Registrar of Trademarks (Registrar) can now request that owners of trademarks registered with the Canadian Intellectual Property Office (CIPO) submit proof of use of certain trademarks or face expungement of those marks...more

Hogan Lovells

China: New guidelines harmonizing the calculation of illegal business turnover in administrative trademark infringement cases

Hogan Lovells on

The Guidelines’ clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

Smart & Biggar on

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Hogan Lovells

USPTO Reiterates its commitment to detect and prevent fraudulent foreign trademark applications

Hogan Lovells on

The United States Patent and Trademark Office (“USPTO”) has recently reiterated its commitment to stemming the tide of inaccurate and fraudulent trademark applications originating primarily from China. ...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide