Understand Damages for Trademark Infringement in China

In July 2016, the Guangdong High People’s Court (the “High Court”, the highest local court in Guangdong Province) rendered judgement in the New Balance trademark infringement case, which had drawn public attention since the trial began in 2013. This case involves a number of interesting trademark law topics in China, such as conflicts between trademark and company name, defense of prior use, trademark squatting, and other such subjects. The decision also addressed how.. Read More

The Potential Implications of the Instagram Regram

Instagram has become one of the most widely used social networking applications today. Its interface is based entirely off of user-generated content by allowing its users to share photos, videos, and network with other members either publicly or privately on the application. As of June 2016, the mobile photo-sharing network has reached 500 million monthly active users, meaning that a whopping 20% of all Internet users use Instagram. Users post both their own.. Read More

A Comparative Study on Product-Packaging Trademark Law: Current Judicial Attitudes in Taiwan and the United States

Introduction: The Kose Case in Taiwan On November 6, 2014, the Intellectual Property Court of Taiwan, which was erected on August 1, 2008 after Taiwan joined the World Trade Organization on January 1, 2002, reversed an important case concerning the trademark of Medicated Kose Sekkisei [Lotion]. The ruling in Kose Corporation v. Intellectual Property Office, 智慧財產法院 [Taiwan] [Intellectual Property Court] Nov. 6, 2014, No. 83 serves as a good representation of current judicial attitudes of.. Read More

The Growth of League of Legends, And the Need for Collective Bargaining

eSports has become more prominent over the past decade. In 2015, the global revenues for all eSports games combined reached $325 million, with North America accounting for a third of that total. The trend shows that such revenue will reach $1 billion by 2019. In terms of viewership, statistics show a global audience of 226 million viewers in 2015, trending towards 450 million viewers by 2019. In mainstream media, eSports has also grown.. Read More

Trademarking “The Blue”

A football fan sits down on the couch late on a Saturday night and turns on ESPN to watch the day’s college football highlights. The program is what one would expect—a collection of perfect throws, unbelievable catches, and bone-crushing tackles taking place on a large expanse of green grass or turf. Then, as the program shifts to a new set of highlights, the field suddenly turns blue. A less experienced viewer may think.. Read More

Chasing YouTube: How Europe Plans to Hold Web Platforms Accountable

As the Internet gravitates toward social media and viral content, claims of ownership over online content become more and more difficult to enforce. Songs and music videos are posted illegally on dozens of sites, and even news articles are often compiled by aggregators before finding their way to large segments of the public. Record labels that previously enjoyed sizable profits on the music they produced have now seen their revenues decline sharply over.. Read More