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09 February 2011

Espinel’s first-year success should win her more help from brand owners

Last week in Paris at the Global Congress on Combating Counterfeiting and Piracy, the mantra of enforcement authorities charged with protecting intellectual property appeared to be “we need more money, we need more help”. And this week along comes US IP Enforcement Coordinator Victoria Espinel to show just how much can be done, with a little money and a little help – especially from the private sector.

01 February 2011

Keywords attract 11 million visits to fake sportswear sites

As gridiron fans limber up for the Super Bowl this weekend and sports brand owners build anti-counterfeiting strategies to fight the fake goods aimed at sports fans, new data shows that keyword ads pose a real threat to genuine goods. Over one-quarter of sponsored search results promoting sportswear are suspected of offering counterfeits, driving an estimated 11 million annual visits.

25 November 2010

US business lobby defends controversial online infringement bill

It is an insult to suggest that the proposed Combating Online Infringement and Counterfeits Act amounts to internet censorship, as has been suggested by the bill's opponents, a spokesman for the US Chamber of Commerce has told WTR.

28 October 2010

US prosecutors will take the fakes fight to organised crime, says former DoJ adviser

The US government is building solid cases against organised crime networks involved in the counterfeiting industry, a former Department of Justice IP taskforce adviser has told WTR.

25 October 2010

New US anti-counterfeiting law is a major success for the trademark lobby

INTA and the International Anti-counterfeiting Coalition (IACC) last week celebrated the passing of a new trademark anti-counterfeiting law. Pennsylvania’s new state law proves the power of lobbying – the legislation is based on the associations’ jointly developed model anti-counterfeiting bill and the groups have ambitious plans to roll it out across all 50 states.

12 October 2010

New bill may not end cybersquatting but does send a warning to ICANN

While Senator Leahy’s proposed Combating Online Infringement and Counterfeits Act will not automatically put an end to cybersquatting, participants at the Online Brand Abuse and Internet Governance Forum have argued the proposed law sends out a warning to ICANN prior to negotiations over the renewal of its charter.

07 October 2010

US vote-hunters need to make IP a political issue

US politicians are scrabbling around for votes ahead of the November 2 mid-term elections. That business needs increased support is a non-partisan policy. But, while each party proposes different stimuli for commerce, they are united when it comes to ignoring intellectual property.

22 September 2010

Canada's police force sounds ready to give up on IP enforcement

Read Canada's newly published report on the extent of the counterfeiting problem and you would think that the Canadian police are so overwhelmed by fakes that they are about to give up the fight. In fact, the police might just be throwing a political football to the government as a way of asking for help – but is this call for help going to fall on deaf ears?

15 September 2010

Personal jurisdiction over out-of-state defendant may exist based on single act

In Chloé NA v Queen Bee of Beverly Hills LLC, the US Court of Appeals for the Second Circuit has held that specific personal jurisdiction over an out-of-state trademark defendant may exist based on a single act of shipping an item into New York, along with other substantial business activity in-state. As a consequence of this case, trademark owners may find it easier to enforce their rights against smaller, internet-based organisations.

22 June 2010

Bold promises from the IP czar's shiny joint strategic plan

Among the many detailed ideas included in the Joint Strategic Plan, published today by President Obama's IP enforcement coordinator, is the promise of the government to help and listen to "victims" (clarified as rights holders) of IP infringement - and even a full review of IP laws.

30 April 2010

Is the Special 301 Report out of date?

The Special 301 Report is starting to look tired. Not only will ACTA be a much stronger instrument in stopping the counterfeit trade, but the White House plan to fight IP theft through better stakeholder coordination sounds like a much more sensible approach to the problem.

16 April 2010

Tiffany loses to eBay in latest online trademark infringement battle

In Tiffany (NJ) Inc v eBay Inc, the US Court of Appeals for the Second Circuit has affirmed in part and reversed in part a July 2008 district court’s holding. Among other things, the Second Circuit agreed with the lower court's holding regarding trademark infringement, stating that eBay made a lawfully nominative 'fair use' of the famous TIFFANY mark.

30 March 2010

Espinel must heed brand owners' call for cooperation

Victoria Espinel has set to work on her colossal task of better coordinating IP enforcement across US government departments, with key stakeholders demanding increased government transparency and closer cooperation between agencies and industry.

16 March 2010

President Obama draws a line in the sand over ACTA negotiations

The Anti-counterfeiting Trade Agreement (ACTA) controversy shows no signs of abating, with President Obama stating that the United States will “aggressively protect our intellectual property”. The remarks came after the European Parliament passed a resolution calling for transparency in the ACTA negotiations, arguing that discussions should be limited to the existing European IP rights enforcement system against counterfeiting.

16 February 2010

Brand owner input to Special 301 review due today

Brand owners planning on submitting comments to the United States Trade Representative regarding the Special 301 review process must do so today if they wish to testify at a public hearing.