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THE BRAND PROTECTION BLOG


COVERING THE LEGAL DEVELOPMENTS IMPACTING YOUR BRANDS


ADVERTISING

(UN)CONSCIOUS MARKETING: IS GREEN REALLY THE NEW BLACK?

By Georgina Hey (AU) on February 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition
and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities
announcing, amongst other priorities, their commitment to resolving consumer and
fair trading issues regarding environmental claims and sustainability. In a
recent speech at the Sydney Morning Herald Sustainability ... Continue reading

Raising our (Ad) Standards: What environmental claims have Australian regulatory
bodies deemed acceptable (or not)?Québec French Language Law Reform: Upcoming
Changes for BusinessesAmazon’s 2020 Brand Protection Report – What Brand Owners
Need to Know


COPYRIGHT

U.S. SUPREME COURT AGREES TO HEAR CASE ON APPLICATION OF THE DISCOVERY RULE ON
DAMAGES

By Andrea Shannon (US) on October 2, 2023

The U.S. Supreme Court agreed on Friday to hear a case this term to decide
whether a copyright plaintiff can recover damages for acts that occurred more
than three years after the filing of a lawsuit. The case is poised to resolve a
judicial split among the federal courts of ... Continue reading

NFTs and IP – Your opportunity to commentOverview of IP Law In Canada – The
Intellectual Property ReviewCopyright Review Board – non-human authors not
allowed


COUNTERFEITING

A NEW PROGRESS: CHINA ISSUES JUDICIAL INTERPRETATION FOR APPLYING PUNITIVE
DAMAGES IN INTELLECTUAL PROPERTY INFRINGEMENT CASES

By Justin Davidson (HK) on July 22, 2021

Since 2013, China has gradually introduced the concept of punitive damages in
the amendments to several laws on intellectual property rights, in which the
elements of punitive damages were also stipulated, namely the infringement has
to be “intentional” or “malicious” and “serious”. In 2020, the Civil Code was
officially adopted, ... Continue reading

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to KnowAre golf
polos out of tune with the law?The Quebec Superior Court declines to issue a
Norwich order to identify the supplier of grey market perfumes


TRADEMARK

SWEETER THAN WATERMELON: WHEN ARE FRUIT DESIGNS FUNCTIONAL?

By Nathan Mannebach (US) on September 29, 2023

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s
(“PIM”) trademark for “the shape of a wedge for candy, with an upper green
section with white speckles, followed by a narrow middle white section and
followed by a lower red section with white speckles” because “the whole trade
... Continue reading

Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of
ConfusionTTAB Confirms Characters Can Be Registered as Trademarks If The
Characters Function as TrademarksWhirlpool Wins Appeal Against Chinese
Manufacturer in KITCHENAID Trademark Lawsuit


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TRENDING ARTICLES

 * (Un)conscious Marketing: Is green really the new black?
 * A New Progress: China Issues Judicial Interpretation for Applying Punitive
   Damages in Intellectual Property Infringement Cases
 * Sweeter than Watermelon: When are Fruit Designs Functional?
 * U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule
   on Damages





THE BRAND PROTECTION BLOG


COVERING THE LEGAL DEVELOPMENTS IMPACTING YOUR BRANDS

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