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07 June 2017

After USPTO director's surprise resignation, the trademark credentials of her successor need to be considered

In a surprise move, Michelle Lee, director of the US Patent and Trademark Office, has resigned after four years in the role. The discussion over her replacement will no doubt focus on the patent background of potential candidates. However, it is important that trademarks are not lost in the mix.

18 May 2017

Anti-counterfeiting: the problems, the players and the missing piece of the puzzle

In order to effectively enforce against counterfeiting, INTA navigates the enforcement puzzle by connecting the different players together, one piece at a time.

09 May 2017

Fourth Circuit holds that policy requiring payment of USPTO attorneys’ fees stands

The US Court of Appeals for the Fourth Circuit recently declined to review its decision affirming the district court’s award of attorneys’ fees to the US Patent and Trademark Office (USPTO), approving the new USPTO policy of requesting attorneys’ fees from applicants that appeal to the US district courts.

28 April 2017

Trump Administration's first Special 301 Report slams Canada and Mexico for inadequate border enforcement against counterfeits

The Office of the US Trade Representative (USTR) has published the 2017 Special 301 Report, the first released under the Trump administration. While Pakistan and Spain are complimented for “positive momentum” behind their IP regimes, the report knocks a number of jurisdictions – including neighbours Canada and Mexico – for what it deems to be ineffective border enforcement against fakes.

19 April 2017

Lawsuit challenging President Trump updated to highlight “gratuitous Chinese trademarks”

The landmark emoluments lawsuit initiated by Citizens for Responsibility and Ethics in Washington – seeking to find the president in violation of the emoluments clauses of the Constitution – has been updated to include the receipt of “gratuitous Chinese trademarks”. Specifically, the suit aims to link the granting of registrations to President Trump’s affirmation of the ‘One China’ policy.

11 April 2017

Trademarks under Trump: the new administration’s impact on IP so far

Three months into his presidency, Donald Trump has revealed his nomination for IP enforcement coordinator. However, with the USPTO hit by a hiring freeze and uncertainty over the future leadership of the agency, the question of what impact his administration will ultimately have on trademarks and the IP ecosystem remains unanswered. So what do we know?

30 March 2017

Pernod Ricard and Bacardi’s battle over HAVANA CLUB trademark erupts again after call for renewal U-turn

A bipartisan congressional delegation has called on the Trump Administration to reverse a US Office of Foreign Assets Control decision to grant a licence allowing Cubaexport to renew the HAVANA CLUB trademark registration in the United States. Slamming the licence as “misguided”, the group has catapulted the long-running dispute between Pernod Ricard and Bacardi back into the political arena.

29 March 2017

Supporting innovation and growth for the global trademark community

In 2017, INTA remains focused on several key issues – chief among them anti-counterfeiting, internet governance, plain and highly standardised packaging restrictions and working to build and maintain strong and harmonised IP laws and regulations on a global scale.

29 March 2017

Balancing efficiency, expertise and protection: the trademark ecosystem

The number of trademark applications is rising each year as a result of the ease of reaching consumers through the Internet and the globalisation of markets. While some regions (eg, China) are registering more marks than others, this increase is a worldwide trend.

01 March 2017

United States: Could Trump rewind the transfer of the IANA function?

Donald Trump was a vocal critic of the transfer of internet governance functions to ICANN in September 2016. What action is he likely to take now that he is president?

02 February 2017

Amid hopes of a more pro-IP White House, CADNA re-enters the trademark policy fray

The Coalition Against Domain Name Abuse (CADNA) – the lobby group that was at the forefront of advocating for trademark owner interests in the run up to the new gTLDs programme – is again pushing for amendments to US anti-cybersquatting laws in light of the country’s new Republican-dominated government.

24 January 2017

What the first few days of President Trump’s administration could mean for the trademark community

It has been a busy first few days for US President Donald Trump, with a number of executive orders issued, cabinet appointments unveiled and January 20 (the date of his inauguration) proclaimed as ‘National Day of Patriotic Devotion’. In the midst of all this activity are some key policy changes that could have a significant effect on the trademark community – both in the United States and internationally.

17 January 2017

California’s proposed cannabis bill shines a light on state level trademarks

The introduction of a bill in the California legislature, which seeks to create the ability to secure state-level trademark protection for cannabis products, has led to a wave of media reports highlighting the challenges facing the marijuana industry. Crucially, it also shines a light on the potential role that state-based registrations can play.

15 December 2016

US government releases national IP strategy; concern over ‘introduction of shadow regulation’

While the community waits to see what impact a Donald Trump presidency has on the IP ecosystem in the US, the US government’s gears are still turning and this week it released the 2017-2019 US Joint Strategic Plan on Intellectual Property Enforcement. The report signals the key focus areas for federal government agencies over the coming few years. While welcomed by IP stakeholders, there have been accusations that the plan represents an effort to introduce shadow regulation for the online world.

02 December 2016

California Heritage Protection Act

California has adopted a new law that prohibits state parks from granting trademark or service mark rights in park names or names associated with historical, cultural or recreational resources to any businesses operating within the parks. From next year, any contract that violates this provision will be deemed unenforceable under California law.