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An International Drama Over the Maradona Heir’s Right to Use Their Dad’s Name
The heirs of Argentinian soccer super star, Diego Maradona, as well as a John Doe identified only by an IP address, have been sued for trademark infringement based on their use of the name “Maradona.”...
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China: Recycled Packaging and Trademark Infringement, a Questionable Decision...
Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer...
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Ninth Circuit Holds Foreign Trademark Defendants Can Be Served through USPTO
Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. This requires translating the...
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Ninth Circuit: Commercial Brand Names Can Be Expressive Speech
In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names...
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No First Amendment Right to Confuse Consumers, High Court Holds
Today, in a unanimous decision, the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody....
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Central District of California: Test Buys Do Not Create Specific Jurisdiction
A plaintiff has always been the “master” of a complaint, but such mastery is not unfettered. Principles of subject matter jurisdiction, proper venue, and personal jurisdiction restrict a plaintiff’s...
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Limiting the Reach of the Lanham Act: Supreme Court Vacates Substantial...
The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog. Trademark owners take note: In Abitron Austria GmbH et al. v. Hetronic International, Inc. the...
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A New China Trademark Trojan Horse: Hold Registered Trademarks Ransom by the...
The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here). The new regulations, if approved as drafted, will make...
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Podcast: SPB’s Paolo Beconcini Covers Global Counterfeiting and the...
Counterfeiting is a global problem that affects a wide variety of entrepreneurs and innovators – from small businesses to global corporations. Action in China can be an important tool for combating...
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Proposed Amendments to FRCP 26 Should Streamline Discovery
On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties address and...
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Global Brand Protection – How to Manage an Anti-Counterfeiting Program
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and...
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In TTAB Proceedings, Subpoenas Must be Issued by the Clerk of the Court
In Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Ltd., the District Court for the Central District of California denied a motion to compel compliance with a subpoena relating to a Trademark...
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Securing EU trademarks: because EUIPO publication ≠ enforceability
First, some context Like any other intellectual property asset, EU trade marks can be and are often used as collateral in financial transactions. However, reconciling the EU trade mark regulation (the...
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