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The Brand Protection Blog

Covering the legal developments impacting your brands

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Social media gaming celebrity and breach of contracts

By Susan Ross (US) on August 4, 2020

On June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).) ... Continue reading

Federal Common Law Governs Availability of Statutory Restitution in Diversity Suit

(Mis)Interpretation of Standard Did Not Support False Advertising Liability

Outlaw Labs Can’t Charge Ahead In Suit Against Rhino Sellers

Copyright

Insights from the Australian Intellectual Property Report 2020

By Amanda Caldwell (AU) on June 16, 2020

Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector in Australia and the latest data on the IP rights (IPR) administered by IP ... Continue reading

Courts Across Canada Continue Reopening Plans

Canadian Intellectual Property Office Further Extends Statutory Deadlines to June 1, 2020

Canadian Court Openings Begin – Closure Updates May 1

Counterfeiting

Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us

By Karen MacDonald (CA) on July 24, 2020

Trademark owners often face challenges when attempting to enforce against non-confusing third party trademark use, for example, where someone has adopted a “parody” mark, where the mark may be similar trademark, or have the same ‘look and feel’, but in a completely different consumer space such that consumer confusion is ... Continue reading

Think bankruptcy will save you? Think again, counterfeiters

Google Goes Organic to Fight Counterfeiters

New Balance lands a win in China

Trademark

Manufacturing in China? Chinese courts confirm the benefits of seeking local registered protection

By Georgina Hey (AU) on August 3, 2020

Putting aside some recent COVID-related bumps in the road, China remains the world’s largest manufacturer. A large portion of its manufacturing consists of original equipment manufacturing (OEM) under contract. OEM involves manufacturing goods intended for export only, and not for sale domestically in China. This business model has solidified China ... Continue reading

Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us

July Update – Response from Canadian Courts to COVID-19

A Generic Word Combined With “.Com” Can Create A Protectable Trademark

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