On January 31, 2020, the Trump administration issued an executive order cracking down on U.S. businesses that import directly or facilitate the import of counterfeit or pirated goods, illegal narcotics and other contraband. The order, entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Business, Government Supply Chains and Intellectual Property Rights,” directs
Intellectual Property
China: Using Customs to Protect Your Intellectual Property Rights (IPR)
By Nicole Simonian, Jackson Pai & David Stepp on
Our retail multinational clients often ask if there is an effective way of protecting intellectual property rights (IPR) in China. While traditional enforcement remedies in China have been ineffective in the past, customs border protection schemes in recent years have provided a cost effective tool to protect the IPR of brand owners in the retail…
International Trade Commission (ITC) Institutes New 337 Investigation for Misappropriation of Trade Secrets
By Astor Heaven & Benjamin Christoff on
Posted in China, Intellectual Property
A recent International Trade Commission (ITC) case shows that, although rarely used, the ITC remains a viable option for parties pursuing trade secret misappropriation claims. Trade secret claims can be brought under Section 337(a)(1)(A)’s catch-all for other “unfair methods of competition and unfair acts in the importation of articles”—often called “non-statutory” claims—and can result in…
U.S. Requires Foreign Trademark Owners to Engage U.S.-Licensed Attorneys Or They Will Be Unable to Register U.S. Trademarks
Effective August 3, 2019, the U.S. Patent and Trademark Office (USPTO) will require all foreign-domiciled trademark applicants, registrants, and parties to a trademark proceeding to be represented by an attorney who is licensed to practice law in the United States. This requirement will apply to any entity with a principal place of business outside of…