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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

Overview of IP Law In Canada – The Intellectual Property Review

By Kristin Wall (CA) on May 18, 2022

The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP law over the past year. The chapter was authored by members of the Brand ... Continue reading

Copyright Review Board – non-human authors not allowed

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

Spotify successfully opposes POTIFY applications based on dilution by blurring

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

TTAB rules RANCHERO and EL RANCHERO marks confusingly similar

By Kaylee A. Sill (US) on August 10, 2022

In a non-precedential decision, the TTAB held that use of the word and stylized mark EL RANCHERO for “food products made of corn, namely, corn chips, tortillas and tostadas” were confusingly similar to the word and design marks RANCHERO for “cream” and “Mexican style sausages, namely chorizo and bolita.”[1] The dispute ... Continue reading

PepsiCo wins appeal over MTN DEW RISE ENERGY trademark dispute

Hermès Challenge of “MetaBirkin” NFTs to Continue

Guidance on Metaverse and NFTs trade marks

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