China Trade Dress and Unfair Competition Law
Close your eyes, and imagine that when you open them you have been magically transported to another country and you are inside a McDonald’s. How do you know you’re in a McDonald’s? Surely you would know without having to see the name McDonald’s or the famous Golden Arches logo. Would you even know that you
“Mexico is the New China” and Manufacturers are Moving There
The above is a direct quote from a client for whom my law firm is now in the process of helping his company move its production from China to Mexico. He said this about China and Mexico, right after setting saying that he “is done with China” because his company is unable to sell a
Trademark Squatting: A Dying “Trade”?
I attended an excellent IPWatchdog webinar this past week on trademark squatting, presented by Ai-Leen Lim of AWA Asia. You should watch the whole thing, but here are some thoughts and takeaways. Trademark squatting is one of the biggest problems when it comes to intellectual property rights (IPR) protection in China. Basically, squatting occurs when
China Copyright Law: It Pays to Register
If you truly want to protect your content in China, register your copyright in China
Must I Register My Company Name as a Trademark in China?
No two China trademark strategies are the same, but one thing is pretty much a constant: You should register the company’s original English name. Before we go on, a clarification: I use “English name” as shorthand, but these names are often in other languages, or simply be a random collection of Latin letters. Names in
Forced Labor in China: Companies Need to Start Paying Attention
On July 14, the U.S. Senate passed the Uyghur Forced Labor Prevention Act. In an era of hyperpartisanship, the Act is a rare instance of truly bipartisan legislation. Cosponsors included figures from across the political spectrum, from Josh Hawley to Elizabeth Warren. This in itself is something businesses should take note of, as it is
Cease and Desist Letters to Stop International Counterfeiting
Hardly a week goes by without a company contacting one of our international IP lawyers wanting to retain us to “stop the counterfeits” of their products online and offline. Far too often these people believe one of our IP lawyers can within 24 hours send out a “template” cease and desist letter and within another 24
The Problem with Online Trademark Services for China
The Problem with Online Trademark Services for China Once or twice a month, my law firm’s international trademark lawyers are contacted by companies whose China trademark registrations were mishandled by online trademark services. In all instances, the registration problems stem from online services claiming they can register trademarks globally, including in China. These claims are