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
Good forum selection clauses make disputes go faster and cost less. A bad forum selection clause can tank your case.
I love when blog posts come pre-written. In cleaning out old emails today I found one from one of my law firm’s international dispute resolution lawyers to a Canadian client’s in-house lawyer who had proposed writing a contract that would give the client the choice of suing its Chinese counter-party in either Canada or China.
No need to pay your Chinese creditors because they rarely will do anything about it.
The United States Supreme Court has agreed to hear a trademark infringement case arising under the Lanham Act that has huge implications for manufacturers and sellers of products based outside the U.S. The case is Hetronic International, Inc. v. Hetronic Germany GMBH, et al. The case arises from a $114 million judgment for an industrial
It is a helluva lot easier and cheaper to avoid losing money than to recover money that has already been lost. Whether you use Alibaba or not, there are certain "rules" you should follow when sourcing products from China and those rules include (1) conducting due diligence on your potential supplier, (2) protecting your IP, and (3) having a good contract with your supplier. And yes, all of this applies no matter what the color star your supplier has on Alibaba.
China's Data Security Law will impact your U.S. litigation
One can argue all one wants regarding the risks of Hong Kong arbitration, but the mere fact that a lot more lawyers now view Hong Kong as a riskier arbitration venue than Singapore, New York, Geneva, Paris, and London, ought to be reason enough NOT to draft your contracts with a Hong Kong arbitration provision.
This post describes how to properly effect service of process on a Chinese company or individual under the Hague Convention.
About six months ago, in Deliberately Bringing China Down, Factory by Factory, I wrote about a couple of Americans who were buying product on credit from Chinese factories, with no intention of ever making the required second payment: The “this” to which I am referring is an underground (I say underground because I have never
