Trademark

Until recent times, countries like Brazil, Russia, India, and China have sometimes been viewed by foreign brand owners as offering insufficient trademark protection.  Increasingly, however, the economic successes of these rapidly developing economies appear to be nurturing increasingly sophisticated and responsive legal systems, and particularly with respect to trademark law.  Moreover, as these economies become increasingly consumer-oriented, their success appears to be opening new markets for foreign brands, while concurrently providing improved legal protection.
 
One article of interest that summarizes related issues for brand owners can be found at Managing Intellectual Property.  As noted, brand owners will want to become familiar with the law and culture for each jurisdiction and, in many instances, will want to plan on securing trademark (and other IP) protection before doing business in a particular jurisdiction. 
 

The U.S. Bureau of Customs and Border Protection ("CBP") prevailed in a recent decision from the United States Court of Appeals for the Ninth Circuit, which concluded that CBP was authorized to seize watches bearing the counterfeit trademark "TOMMY", and impose a fine as a civil penalty on the importer, even though the owner of the mark at issue did not make or sell watches at the time of the seizure.  The case is entitled United States of America v. Able Time, Inc., and the decision can be found here

Thursday, 07 August 2008 17:50

SOUTHERN CAL BEATS SOUTH CAROLINA

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In a battle of Division I-A Schools, the University of Southern California prevailed over the University of South Carolina in a decision from the Trademark Trial and Appeal Board concerning the use of the mark "SC" on various goods.  Read the decision here.

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