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The Brand Protection Blog

Covering the legal developments impacting your brands

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Québec French Language Law Reform: Upcoming Changes for Businesses

By Catherine Daigle (CA) on May 26, 2022

Following a well-publicized debate, on May 24, 2022, the National Assembly of Québec finally passed the Act respecting French, the official and common language of Québec (Bill 96), a major reform of the 1977 Charter of the French Language (the Charter, also known as Bill 101). The Charter sets out ... Continue reading

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

Testing and trade secrets: marketing may eliminate rights

Executive Order to breathe new life into Made-in-America rules

Copyright

NFTs and IP – Your opportunity to comment

By NRF Digital Team on November 23, 2022

On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023. In addition, the Offices will offer three public roundtables: one ... Continue reading

Overview of IP Law In Canada – The Intellectual Property Review

Copyright Review Board – non-human authors not allowed

Please, sir, I want some more: Orphan works and other copyright law reforms

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 Know

Are 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

No Likelihood of Confusion Between “SMOKES & Design” and “SMOK”

By Felicia Boyd (US) on December 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co. Ltd (“Opposer”), generally used in ... Continue reading

Supreme Court to Examine the Reach of the Lanham Act to Impose Liability on Conduct Outside of the United States

NFTs and IP – Your opportunity to comment

USPTO shortened office action response deadlines to go into effect in December

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