News & Analysis as of

Intellectual Property Protection Trademarks Imports

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

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

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

Jones Day on

In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

A&O Shearman on

Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

Blank Rome LLP

What Trademark Holders Should Know About Russia's Authorization of Parallel Imports

Blank Rome LLP on

The Russian government has issued regulations authorizing importation into Russia of specified luxury items without the consent of the relevant trademark owners, in an apparent effort to circumvent Western sanctions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2020: Would a Picnic be Complete Without Gruyère Cheese from...Wisconsin?

PARMIGIANO-REGGIANO cheese and CHAMPAGNE sparkling wine. These are not only delicious products, welcome at any well-appointed summer picnic, but also geographical certification marks – a subset of trademarks limited to use by...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

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This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....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

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Hogan Lovells

Mexico aims to strengthen and further harmonize its IP law with international standards

Hogan Lovells on

A new legal framework on intellectual property was presented to Mexican Congress that aims to further harmonize the Mexican Industrial Property Law (“IPL”) with international treaties and so increase IP protection in the...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Bradley Arant Boult Cummings LLP

The Hobby Games Industry Needs to Up Its Game to Fight Counterfeiting - Intellectual Property News

Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more

Jones Day

The ITC is Not Just for Patents – Brand Owners are Welcome Too

Jones Day on

When people think of actions filed with the International Trade Commission (ITC) under section 337 of the Tariff Act of 1930, they likely think of patent infringement cases. And the majority of ITC cases do involve patents,...more

Ladas & Parry LLP

USMCA – New Agreement as to The Modernization of NAFTA Comes with Key Changes Regarding U.S. IP Rights

Ladas & Parry LLP on

Late on September 30, an agreement (USMCA) was reached between the United States, Mexico and Canada which modernizes the 24 year old North American Free Trade Agreement (NAFTA)....more

Hogan Lovells

Italy: Parallel imports – When a name change is a game changer.

Hogan Lovells on

The Administrative Court of Lazio (“TAR Lazio”) decided with judgment No. 09050 of 3 July 2018 (but published only few days ago) that, as a rule, the parallel importer does not have a right to change the trademark affixed on...more

Jones Day

Medical Devices Repackaging and Parallel Imports: A "No-No" from the Milan Court

Jones Day on

The Situation: In a recent hallmark case, the Court of Milan ruled on the viability of medical devices parallel imports, where the parallel importer repackaged the devices and the device rightholder opposed any such...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | February 2018 #3

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

Hogan Lovells

Russian Constitutional Court comments on parallel import issues

Hogan Lovells on

On 13 February 2018 the Russian Constitutional Court checked the compliance of the following provisions of Russian Civil Code (the “CCR“) related to parallel import with the Constitution of Russia...more

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