Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’; The Guardian, November 16, 2023

 Jenna Amatulli, The Guardian; Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’

"Federal prosecutors arrested two men on Wednesday and seized more than 200,000 counterfeit handbags, clothes and other luxury items worth $1.03bn, making it “the largest-ever seizure of counterfeit goods in US history”...

Ivan Arvelo, special agent in charge of homeland security investigations, praised the findings in a statement, claiming it “underscores the unwavering commitment of HSI New York in the fight against intellectual property theft and serves as a testament to the dedication of our team and partner agencies, who have tirelessly pursued justice, culminating in the largest-ever seizure of this kind”...

Hand added that the counterfeit market is a “significant problem not just for luxury fashion brands and the dilution of their trademarks’ values but also for consumers and society at large as many counterfeit products are produced in oppressive labor environments and without any adherence to ecological production methods (if implemented by brands)”."

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

Green trademarks and the risk of greenwashing; WIPO Magazine, December 2022

Kathryn Park , WIPO Magazine; Green trademarks and the risk of greenwashing

"Beware the green sheen – the perils of greenwashing

Guidelines promulgated by the Federal Trade Commission in the United States in the Green Guidesand by the European Union in its directive on Unfair Commercial Practices, offer clear guidance on what constitutes misleading information. Under both regimes, using vague terms such as “sustainable,” “green,” “eco,” and the like, are not acceptable if false or misleading. Additionally, claims need to be supported by clear factual evidence and qualified so as not to overstate their benefits. Moreover, the environmental benefit claim must pertain directly to the product as manufactured or used.

While regulators pursue companies that run afoul of consumer protection laws, claims are also pursued by non-governmental entities. Competitors may also sue, as will consumers who are misled, often as part of a consumer class action...

So what constitutes actionable greenwashing? An example is labeling something as compostable, such as a garbage bag that is destined for a landfill where it will not break down.  Claiming that something is recyclable when the infrastructure supports only a fraction of the recycling that would be required to remove the environmental harm ─ think plastic water and soda bottles ─ may also constitute greenwashing. There have been a number of lawsuits in the United States in the past year against Coca-Cola, Blue Triton Brands (which manufactures Poland Spring, Deer Park and other water brands), and others, for making broad sustainability claims despite the fact the vast majority of their bottles end up in landfills and are not recycled. These lawsuits have been filed by various environmental advocacy groups like the Sierra Club."

Trademark and copyright considerations for NFTs; Reuters, May 2, 2022

 Sharon Urias, Reuters ; Trademark and copyright considerations for NFTs

"NFTs are mostly used to verify ownership of digital goods. An easy way to understand NFTs is to think of them as unalterable certificates of authenticity for digital goods. For example, if someone purchases a piece of digital art, the NFT acts to validate and verify ownership and authenticity of the artwork. In the "real world," the closest analogy is an autographed original painting that is authenticated by the artist's signature or a certificate of authenticity issued by a reputable source...

One common question asked by clients is whether, when they purchase NFTs, they also obtain the copyright associated with it. The answer is: Not necessarily. It is important to understand what is included in the smart contract that confers the purchaser's rights to the digital asset. Similar to the purchase of a physical painting in our analogy above, although the purchaser has acquired the right to display the work, and to resell it, ownership of the copyright is not automatically conveyed.

The artist owns the copyright unless the author assigns it to the purchaser...

NFTs present interesting and novel questions for trademarks as well...

One of the questions to be resolved is whether traditional trademark legal doctrines, such as the first-sale doctrine, protects a seller, such as StockX, or whether the NFTs are new, distinct products that seek to capitalize on the trademark owners' marks...

It is always challenging for the law to keep pace with the expansion and development of new technologies and innovations. It is no different with NFTs. With the increased growth of NFTs, the need for protection also grows. Although NFTs present many opportunities for businesses, it is essential that NFT sellers clearly delineate in the smart contract what is and is not permitted with respect to intellectual property rights. In that way, both NFT sellers and buyers will be able to protect themselves and best monetize these assets."

Russia Renewed Unused Trump Trademarks in 2016; New York Times, June 18, 2017

Mike McIntire, New York Times; Russia Renewed Unused Trump Trademarks in 2016

"Beyond the questions about Russian government approvals, the trademark renewals cast doubt on Mr. Trump’s oft-stated insistence that he has no business interests in Russia. Mr. Trump has made the claims in response to investigations of possible collusion between his associates and Russia during and after the election.

In January, he wrote on Twitter, “I HAVE NOTHING TO DO WITH RUSSIA — NO DEALS, NO LOANS, NO NOTHING!” He told NBC News in May that he has “no investments in Russia, none whatsoever.” And on Thursday, he expressed frustration on Twitter over scrutiny of his “non-dealings” in Russia.

Although Mr. Trump has not managed to develop hotels in Russia despite attempts over the years, and has disclosed no active business ventures there, his intellectual property holdings are a valuable commercial interest. The extension of trademarks such as “Trump International Hotel and Tower” protects his brand in that country and preserves conditions for potential business deals.

Trump Adds More Trademarks in China; New York Times, June 13, 2017

Sui-Lee wee, New York Times; Trump Adds More Trademarks in China

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"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.

The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.

He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.

Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."

Ivanka Trump won Chinese trademarks the same day she dined with China's president; Associated Press via Los Angeles Times, April 19, 2017

Associated Press via Los Angeles Times; Ivanka Trump won Chinese trademarks the same day she dined with China's president

"On April 6, Ivanka Trump's company won provisional approval from the Chinese government for three new trademarks, giving it monopoly rights to sell Ivanka brand jewelry, bags and spa services in the world's second-largest economy. That night, the first daughter and her husband, Jared Kushner, sat next to the president of China and his wife for a steak and Dover sole dinner at Mar-a-Lago, her father’s Florida resort.

The scenario underscores how difficult it is for Trump, who has tried to distance herself from the brand that bears her name, to separate business from politics in her new position at the White House."

The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial; Los Angeles Times, March 6, 2017

Jessica Meyers, Los Angeles Times; 
The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial

"Could Trump benefit from the decision?

Some analysts believe investors, wary about the delicate relationship between China and the U.S., will veer away from anything bearing Donald Trump’s name. But two chief ethics lawyers under former Presidents George W. Bush and Barack Obama argue China could still use Trump’s ties to his family empire to influence policies.

They’re part of a lawsuit filed in federal court in New York that alleges the president’s foreign business connections violate the Constitution.

“We should be seriously concerned about Mr. Trump’s ethical standards,” [Haochen] Sun [director of the Law and Technology Center at the University of Hong Kong and a specialist in intellectual property law] said. “The registration carries the message that Trump is still doing business.”

From Trump the Nationalist, a Trail of Global Trademarks; New York Times, February 21, 2017

Danny Hakim and Sui-Lee Wee, New York Times; 

From Trump the Nationalist, a Trail of Global Trademarks

"The trademarks are the natural outgrowth of a global-spanning strategy. Like any businessman, Mr. Trump has long sought to protect his brand and products legally with trademarks, whether by registering a board game he once tried to sell, slogans like “Make America Great Again” or simply the name “Trump.”

But the trail of trademarks offers further clues to his international business ties, which leave the president vulnerable to potential conflicts of interest, or at least perception challenges. The Chinese government’s trademark announcement last week came just days after Mr. Trump retreated from challenging China’s policy on Taiwan in a call with China’s president, Xi Jinping.

The Times review of nine databases identified nearly 400 foreign trademarks registered to Trump companies since 2000 in 28 countries, among them New Zealand, Egypt and Russia, as well as the European Union. There are most likely many more trademarks, because there is no central repository of all trademarks from every country. The Trump Organization has been filing trademarks for decades, and has said that it has taken out trademarks in more than 80 countries."

Redskins, and Other Troubling Trademarks; New York Times, 5/4/16

Room for Debate, New York Times; Redskins, and Other Troubling Trademarks:

"The Supreme Court may soon take up two cases in which the government does not want to register trademarks it considers disparaging — for the Washington Redskins football team and an Asian-American band called The Slants. The major federal law on trademarks lets the government deny registration to trademarks that are “immoral, deceptive, or scandalous” or that “disparage.”

Is it a denial of free speech for the government to prohibit registration for such trademarks?"

31st Annual Intellectual Property Law Conference; American Bar Association (ABA), Bethesda, Maryland, April 6-8, 2016

American Bar Association (ABA); 31st Annual Intellectual Property Law Conference:

"The 31st Annual Intellectual Property Law Conference from the American Bar Association Section of Intellectual Property Law is recognized as the world's premier IP conference.

These three packed days of learning enable you to earn a year's worth of CLE credit from expert sessions presented by the leaders in every area of the profession. We offer what you need to know along with multiple opportunities to mingle with those who should be part of your network."

Yale Students Tangle With University Over Website; New York Times, 1/21/14

Ariel Kaminer, New York Times; Yale Students Tangle With University Over Website:

"The idea did not seem controversial at first: Peter Xu and Harry Yu, twin brothers who are seniors at Yale University, set out to build a better, more user-friendly version of the university’s online course catalog. But as Mark Zuckerberg found when he decided to build a better version of Harvard’s undergraduate student directory, these things can take on a life of their own.

Yale shut down the brothers’ website last week, helping to turn a local campus issue into something of a civil rights cause. Now, after a few days of controversy, a similar tool is up and running, and it appears to be Yale that has gotten a schooling...

Yale opted for more decisive action: It shut the site down.

To Mr. Xu and Mr. Yu, that seemed like a violation of free speech — a right held dear by both academics and Internet activists, many of whom rallied to the brothers’ cause as The Yale Daily News, The Washington Post and other news organizations reported on the shutdown.

Brad Rosen, a lecturer in Yale’s computer science department who teaches “Law, Technology and Culture,” said the debate got at a central tension of contemporary life. “Different stakeholders have different assumptions about how information is going to flow,” he said."