On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD
Counterfeiting
A New Progress: China Issues Judicial Interpretation for Applying Punitive Damages in Intellectual Property Infringement Cases
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”…
Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know
On May 10, 2021, Amazon released its 2020 Brand Protection Report (the Report), the first of its kind published by the e-commerce giant. The Report offers insight into Amazon’s brand protection approach and efforts over the past year, including…
Are golf polos out of tune with the law?
What do Bill Murray and Donald J. Trump have in common?
At first glance, very little, one is a comedian and actor, the other is, of course, President!
Yet, while everything drives them apart, both are golf enthusiasts, one owns…
The Quebec Superior Court declines to issue a Norwich order to identify the supplier of grey market perfumes
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…
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,…
Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us
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…
Think bankruptcy will save you? Think again, counterfeiters
One of the most oft heard “defence” from a purveyor of counterfeit goods, when faced with the prospect of a significant damages award, is “I’ll just go bankrupt”. The threat being that, unless the right holder lets the counterfeiter off…
New Balance lands a win in China
New Balance, the US sports shoemaker, has had a tough time of it in the PRC IP courts over the last twenty years, in particular against Niu Ba Lun (China) Co., Ltd. and its predecessors (New Barlun), a…
Courts Across Canada Continue Reopening Plans
Please see our updated version of this article, published July 10, 2020.
Update – Response from Canadian Courts to COVID-19
As many Canadian jurisdictions begin to relax certain social distancing measures, it is time for an update on the status…