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The Brand Protection Blog

Covering the legal developments impacting your brands

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(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 Businesses

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

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

Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion

By Meg Tierney (US) on September 18, 2023

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”) in 2014 in connection with meal preparation kits. Grubhub, a popular food-ordering ... Continue reading

TTAB Confirms Characters Can Be Registered as Trademarks If The Characters Function as Trademarks

Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit

TTAB Prohibits Sur-Sur-Rebuttals in Trademark Proceedings

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