In Hong Kong, when goods are brought in from other places and sold outside of official channels, it is not considered a trademark violation. However, there are exceptions if the quality of these goods changes after being put on the market globally, affecting the brand’s image negatively. This can be a problem for exclusive distributors. […]
Introduction Intellectual property laws play a crucial role in protecting the rights of individuals and companies in various industries. In this article, we will examine two prominent cases, the Michelin case and the Hermes case, to draw a comparison and explore the implications of trademark infringement and unfair competition in the realm of intellectual property […]
Louboutin, the renowned French footwear brand, has recently won a trademark infringement case in India. The court issued an injunction, barring an unrelated footwear company from selling copycat shoes with red soles and spikes. This ruling not only underscores the protection of Louboutin’s intellectual property but also brings attention to the treatment of evidence generated […]
On 8 February 2023, the Manhattan federal jury ruled in favour of Hermès in the lawsuit over digital artworks of “MetaBirkins” in the form of non-fungible tokens (NFTs) mirroring the world famous Birkin bags created by the artist Mason Rothschild. In about December 2021 Mason Rothschild received from Hermès’ attorneys a cease and desist letter […]
To start the New Year of the Rabbit right, it is a good idea to review your registered trade marks. Just like a health check-up, an annual trade mark portfolio review will give you confidence and clarity on what you need to work on. You may find this checklist useful from our Intellectual Property Consultant Benjamin Choi. […]
With the year coming to a close, we can’t wait to share with you two major IP news we anticipate for Hong Kong next year. First, the Madrid International Trade Mark Registration system should be ready for implementation in Hong Kong the earliest during the second half of 2023 and secondly, the long-awaited new copyright law […]
88% of Hong Kong population is using social media, and this number is growing every minute. It is no surprise that social media has become a lucrative business. Social media influencers (“Influencers”) or key opinion leaders (“KOLs”) are popular and powerful – they create tight bonds with their followers and have the ability to influence […]
The Fujian Higher People’s Court issued a judgment on 27 September 2021 awarding Emerson Electric Co (“Emerson”), a US company damages in the amount of RMB1.6 million payable by the defendants (two affiliated Xiamen companies, the main shareholder of the Xiamen companies and the trade mark agent) in China for having registered Emerson’s trade marks […]
By Benjamin Choi, Managing Director To brand owners it is a super bonus (or a nice surprise) to be able to designate the United Arab Emirates under the WIPO International Registration of Trade Mark and this is happening right after the Christmas holidays on 28 Dec 2021. The UAE is for sure one of the most […]
By Benjamin Choi, Managing Director As a leading commercial hub, Hong Kong is often viewed by foreign brand owners as an ideal gateway into Asia. However, local conditions – from the worth placed on family-run business to the impact of sky-high rents – are often under-estimated or misunderstood. Analysis of successful home-grown brands and some not-so-successful […]