In a recent judgment, the Quebec Superior Court denied a request for an order against a wholesaler/retailer to identify the suppliers of branded products obtained via parallel importation and sold in Quebec without the brand owner’s authorization. The brand owner
August 2020
German Federal Constitutional Court rules on constitutional procedural rights of interim injunction defendants
The German Federal Constitutional Court has handed down several landmark decisions which strengthen defendant rights in interim injunction proceedings (Federal Constitutional Court decision of 27 June 2020, case no. 1 BvR 1379/20; decision of 3 June 2020, case no. 1…
SCOTUS Strikes Down Goverment Loan TCPA Exception
After spawning hundreds of class actions over the alleged use of auto-dialed phone calls and text messages, the Telephone Consumer Protection Act (TCPA) has finally made its way to the United States Supreme Court. Last month, the Supreme Court ruled …
More Chinese punitive damages being awarded
Further to the award of punitive damages to Balanced Body (revisit our blog post here), we have seen a string of cases in the first half of 2020 where Chinese judges awarded punitive damages to trade mark owners for…
Grey Goods and False Labels: Federal Court Grants Interlocutory Injunction in a Trademark Case
In a recent trademark passing off case, TFI Foods Ltd. et al. v. Every Green International Inc., 2020 FC 808, the Canadian Federal Court granted an interlocutory injunction prohibiting the defendant from selling grey goods in Canada. Specifically,…
Social media gaming celebrity and breach of contracts
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).)
Manufacturing in China? Chinese courts confirm the benefits of seeking local registered protection
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 as a critical manufacturing hub for businesses globally.