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
Intellectual Property
The TTAB’s Periodic Reminder that Deadlines Matter

In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark

(hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation…
EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the…
Who’s in control? Liability for copyright infringement by contractors and software developers
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate…
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?


Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps…
U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages

The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised…
Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit

The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. and Shenzhen Sanlida Electrical Technology Co., Ltd. (collectively “Shenzhen”) from selling stand mixers that allegedly infringe Whirlpool Corp.’s (“Whirlpool”) famous KITCHENAID trademarks…
This Decision Rocks: Trademarking a Guitar-Shaped Building

In a precedential decision, the Trademark Trial and Appeal Board (“Board”) allowed registration of the following design mark for “Casinos,” in International Class 41, and “Hotel, restaurant, and bar services,” in International Class 43 on behalf of the Seminole Tribe…
China – Suspension of Trade Mark Applications More Readily Available?


In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark. This was particularly concerning to brand…
Yet Another Change Coming Up? Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law


We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law.
We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…