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
Polysilicon is a pure form of silicon and an essential element in the supply chain of solar photovoltaics, which harness solar power. Roughly 80 percent of the world’s polysilicon comes from China. The United States Geological Survey describes rare earths as follows: The rare earths are a relatively abundant group of 17 elements composed of scandium,
By Tom McVey & Ngosong Fonkem* If your company is doing business with a Chinese company, it is essential to be aware of the risks associated with prohibited parties under U.S. export control and sanctions laws. The United States has strict regulations prohibiting U.S. companies from engaging with certain foreign individuals and entities. These include
Earlier this month I testified before the U.S. Congress’s U.S.-China Economic and Security Review Commission regarding Rule by Law in China. Go here if you wish to see my testimony and/or the full day of testimony given by various far more expert China law professors. This is the third time I’ve testified before a Congressional
Consolidation of trademark actions is a much-needed procedural avenue in China, one that would make the country’s trademark system more efficient and fairer. Actions that concern the same trademark, such as applications, oppositions, and cancellations, are generally not consolidated, wreaking all sorts of havoc for brands. This even though the Trademark Law has provisions that
The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang
With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business
Last week saw a flurry of activity with three new AD/CVD petitions: (1) Boltless Steel Shelving Units from India, Malaysia, Taiwan, Thailand, and Vietnam (AD only); (2) Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea (AD/CVD); and (3) Non-Refillable Cylinders from India (AD/CVD) Two of these petitions are sequels of AD/CVD cases
Pursuing an individual or business in China is notoriously difficult for several reasons. One of them is that at the outset of any lawsuit, a complaint needs to be filed and served – meaning, it must be demonstrated to the Court that the complaint was provided to the named defendant(s) in a satisfactory manner. The
Our international manufacturing lawyers have been working with a ton of companies that are looking to pull their manufacturing from China and move it elsewhere, to places like Mexico, Colombia, India, Vietnam, Thailand, etc. One of the first questions we ask when providing legal counsel regarding such moves is who owns the IP related to
