International NNN Agreements can protect against disclosure, misuse, and circumvention, but they are not always the right tool and they are only the beginning. This post explains when an international NNN makes sense, why it must be tailored to the country and transaction, and what companies need to do after signing one to preserve the protections they expect to enforce.
CHINA TRADEMARKS Securing Trademarks in China China's massive consumer market represents a tremendous opportunity for companies to build their brands. However, substantial risks of trademark squatting, counterfeits and other infringements make registering and protecting your trademarks in China absolutely essential. This in-depth guide provides practical insights on the benefits, process, tips and potential pitfalls of
I spoke with a new client yesterday regarding the importance of his company obtaining trademarks in China. At the end of the conversation, the client was so "psyched" about getting the trademarks, he asked if there are ever times a company does not need to register its brand name as a trademark in China. Though
China counterfeits can threaten your brand, supply chain, and sales long before you know who is behind them. The best response starts with strong IP rights, factory contracts, evidence preservation, and a strategy focused on the point in the supply chain where you have the most leverage.
Color claims for trademarks should in general be avoided. To be clear, there are situations when claiming color on a trademark registration application makes sense, but these situations are not common. What's more, color claims might create issues in the future, if you stop using your trademark exactly as registered. Claiming a color or colors
Well-known trademarks enjoy protection under Chinese law. This protection is the closest China comes to protecting unregistered trademarks. However, the circumstances under which such protection is afforded are limited, given that the standard for a trademark being considered well-known is exceedingly high. To illustrate just how stringent the standard can be, consider a situation I
I recently read a great article in Politico by Brandon Possin, a U.S. foreign service officer (and friend of my colleague Fred Rocafort) who is currently stationed at the U.S. embassy in Tokyo. Possin also has significant blockchain-related credentials. In U.S. Diplomat to Washington: You’re Becoming Obsolete in One Big Area of Tech Policy, he
You have almost certainly heard by now that there is a massive Chinese spy balloon currently hovering over U.S. airspace in violation of international and U.S. law. Or if you actually believe the CCP, it is merely a weather balloon that went very far off course. 1. China's Spy Balloon Will Worsen China's Relations with
My law firm often gets calls from companies alleging "a company is selling their product under their trade name on Amazon" and asking us to send a cease and desist letter "right away" to get that company to stop violating their IP. Our typical response is to say it is seldom a good idea to
As regular followers of this blog well know, we quite often stress the importance of registering trademarks in China, and the need to do so promptly. See for example China Trademarks: More Useful and More Necessary Than Ever. Today, I want to address some of the questions our China trademark attorneys fairly regularly get about
