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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.

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.

12 February 2010

United States pins hopes on ACTA to drive reform

An official working with the United States Trade Representative has told WTR that the Anti-counterfeiting Trade Agreement (ACTA) should address US trading partners' "areas for improvement".

18 January 2010

USTR invites brand owners to Special 301 hearings

The US government is, for the first time, seeking input from brand owners at public hearings as part of the annual Special 301 review process.

11 November 2009

Pennsylvania's Trademark Counterfeiting Statute held to be unconstitutional

In Commonwealth of Pennsylvania v Omar, the Supreme Court of Pennsylvania has affirmed a trial court decision in which the latter had held that the Trademark Counterfeiting Statute violated the First Amendment. Among other things, the Supreme Court held that the statute prohibited a substantial amount of protected speech and was thus unconstitutional.

27 October 2009

Request for multiple statutory damages award denied

In Tu v TAD System Technology Inc, the US District Court for the Eastern District of New York has held that a plaintiff is not entitled to multiple statutory damages awards for violations of the Copyright Act, the Digital Millennium Copyright Act and the Lanham Act. In doing so, the court took a position opposite of that taken by the Ninth Circuit.