201905.08

Press review on counterfeiting (April 2019)

On IP Twins Twenty years of imprisonment incurred for a domain name Intellectual Property and Sport: Some Aspects and Tips for World Intellectual Property Day HKIRC launches its registry lock A new cityTLD is coming: .MADRID New gTLD : get prepared for the .MUSIC domain names Valeo wins historical IP case at the Supreme People’s…

201904.24

HKIRC launches its registry lock

Hong Kong Internet Registration Corporation Limited (HKIRC) launches a new Registry lock service for the extensions it manages: .hk, .com.hk, .公司.hk, .公司.香港 et .香港. As a reminder, the registry lock allows blocking any transfer, WHOIS contact update or authoritative nameservers modification at a registry level. Actions of locking and unlocking domains obey to a specific…

201904.08

Press Review on Counterfeiting (March 2019)

On IP Twins: Amazon Project Zero: a project to eliminate counterfeiting on Amazon platforms Cyber attacks on the DNS: ICANN urges to deploy the DNSSEC protocol Sogou targeted by a class action due to an increase in counterfeit sales Press review on counterfeiting (February 2019) WIPO Statistics: Cybersquatting Complaints Hits a New Record Domain name…

201904.05

Memorandum of the White House on the Fight Against Counterfeit and Piracy Goods

The White House has issued a memorandum on the fight against counterfeiting. Président Trump plans to step up the government’s efforts in the fight against online counterfeiting. He plays on a more coordinated approach of the federal government, the institutions concerned and all the actors: “Third-party intermediaries, including online third-party marketplaces, carriers, customs brokers, payment…

201904.04

Alibaba Anti-Counterfeiting Alliance: “1,277 suspects arrested in 2018”

Alibaba’s Anti-Counterfeiting Alliance (“AACA”) announced that criminal investigations in 2018 resulted in the arrest of 1,277 suspects and the closure of 524 manufacturing and distribution sites. The value of seizures of counterfeit goods is estimated at $ 536.2 million. The AACA was established in 2017. It now has 132 members from a wide range of…

201904.04

General availability of all .uk domains

We wish to remind you that there are now less than three months left for owners of domains registered under.co.uk, .org.uk and .me.uk to secure the equivalent .uk domain. Back in 2014, the .uk registry Nominet launched this top-level domain to the market. The owners of .co.uk, .org.uk and .me.uk registrations on 28 October 2013…

201903.13

Press review on counterfeiting (February 2019)

Africa According to Ecofin, sub-Saharan Africa loses $10 billion because of counterfeit tobacco (agenceecofin.com, 4 Feb. 2019). Algeria A jeweler craftsman from Ath Yenni reveals his concern over counterfeit jewelry from China (depechedekabylie.com, 12 Feb. 2019). Brexit Drug manufacturers are worried. In the event of a Brexit without an agreement, the British could not benefit…

201903.11

Sogou targeted by a class action due to an increase in counterfeit sales

The Sogou search engine faces a class action brought by investors who claim to have been unaware of serious regulatory problems when it was listed on the New York Stock Exchange (NYSE) in November 2017. The Sogou company allegedly failed to specify the Chinese authorities were investigating an increase in sales of counterfeits. According to…

201903.04

Amazon Project Zero: a project to eliminate counterfeiting on Amazon platforms

A few days ago, Amazon seemed to be in a turmoil recognizing the possibility of increased judicial and financial risk due to the endemic flood of counterfeits that invades its platforms. Now the e-commerce giant is trying to beat all odds with its aptly named “Amazon Project Zero“. This new tool aims to eradicate counterfeiting…

201902.27

A welcome partnership between a ccTLD registry and a national industrial property office

Afnic (the registry in charge of French ccTLDs, afnic.fr) and the French National Institute of Industrial Property (inpi.fr) have announced a partnership with the view of raising awareness of trademark and domain name owners as to the need to proceed, systematically and concomitantly, with trademarks and domain name registrations. This awareness campaign will, at least…

201902.20

“The Real Threat of Fake Toys”, a White paper from the Toy Association

Founded in 1916, the Toy Association is representing companies that design, produce, license and distribute toys and entertainment products for youth. It has more than 950 members, including Amazon. The Toy Association defends the interests of its members, including the toy safety and brand protection of its members. In this regard, the association has just…

201902.19

Press Review on Counterfeiting (January 2019)

Azerbaijan Azerbaijan plans to strengthen the fight against counterfeit dairy products (trend.az, 25 Jan. 2019). China Hong Kong Customs seized counterfeit garments with a market value of $ 2.5 million after a week-long operation (Champion, Tommy Hilfiger, and Stussy). Nine people were arrested (insideretail.hk, 11 Jan. 2019). Shanghai police dismantled a group of 36 people…

201902.14

Counterfeiting: Amazon Anticipates Increased Judicial Risk

On January 31, 2019, Amazon delivered its annual report to the Securities and Exchange Commission (SEC). After referring to a possible amendment of the US law on the liability of Internet intermediaries, Amazon acknowledged that it could be held liable for the activity of its users, particularly for counterfeiting: “The law relating to the liability…

201902.06

cnDRP: Blablacar.com.cn transferred while Blablacar.cn rejected, why?

With 800 million Internet users, China is the largest market. It is imperative to file its trademarks in China and register domain names aimed at the Chinese market at the same time as the brand is created. Trademarks and domain names must be matched as twins both in the country of origin and in foreign…

201902.05

EUIPO to finally tackle cyberquatting issues

Back in 2016, IP Twins released a communication on the increase of cybersquatting of trademark applications before the European Intellectual Property Office (EUIPO). Indeed, EUIPO currently publishes trademark applications as soon as they are filed. Cybersquatters only have to scan the EUIPO website for new application and automatically register the corresponding .COM domains in seconds,…

201901.30

Panorama of Japanese domain names

IP Twins will be in Kobe, Japan, at the ICANN 64 meeting, which will be held from March 9-14, 2019. This is an opportunity to spotlight the Land of the Rising Sun. The Japanese ecosystem of domain names is at the forefront. At the beginning of 2018, the number of .JP domain names exceeded 1.5 million,…

201901.23

Brexit: what solutions for British owners of .EU domain names?

Read the update: “.EU: Brexit calendar in the case of a no deal scenario. Our advices”, iptwins.com, 28 January 2019 The massive rejection of the Brexit draft agreement by the British parliament is embarrassing many British companies. The issue of eligibility for certain top-level domains is one of many others. When the United Kingdom (UK)…

201901.15

Because of the “Shutdown”, SSL certificates have not been renewed and some sites are no longer accessible

In the United States, given the “shutdown”, the US administration did not consider the renewal of SSL certificates (Secure Socket Layer) as a priority. As a result, many government sites (defined by the .GOV top-level domain) are no longer accessible. This is particularly the case of several sites of the judicial administration. SSL certificates secure communications between…

201901.01

China: Parliament plans stronger penalties for infringement of intellectual property rights

The Chinese parliament is considering a law that would allow punitive damages in tort cases. This long-awaited bill specifically targets infringements of intellectual property rights. If an intellectual property right is intentionally violated and the circumstances are considered “serious”, the owner of the intellectual property rights will be in a position to claim punitive damages….

201812.16

Counterfeit and Piracy Watch List, a European Commission Staff Working Document

Like the Office of the United States Trade Representative (USTR) (see iptwins.com, Nov. 22, 2018 ; iptwins.com, Nov. 20, 2018 ; iptwins Nov. 16, 2018 ; iptwins .com, Nov. 15, 2018 ; iptwins.com, Oct. 19, 2018), the European Commission has built a list of online and physical counterfeit sites (Commission Staff Working Document, Counterfeit and Piracy Watch List,…

201812.11

Press review on Counterfeiting (November 2018)

Algeria The General Directorate of Algerian Customs said that in 2017, more than 700,000 counterfeit glasses were seized nationwide. Mr. Kamel Kadi, head of the office in charge of the fight against counterfeiting Algerian Customs, regrets that some importers resort to methods “that may outsmart customs officers” (Aps.dz, 15 nov. 2018). Cambodia At the “Combatting…

201812.11

Samsung partners with Supreme imposter

On 10th December, Korean smartphone manufacturer Samsung introduced its latest device and announced a partnership with streetwear brand Supreme. Well, almost. In reality, Samsung did not partner with world-famous Supreme NYC, but rather with a shady Italian clone, Supreme Italia. This company holds the trademark rights on SUPREME in Italy, which it registered before the…

201811.30

Counterfeiting and cybersquatting: more than one million domain names seized

The U.S. Immigration and Customs Enforcement (ICE) announced that last year more than one million domain names of websites infringing intellectual property rights had been seized: approximately 33 600 in criminal proceedings and 1.21 million in civil proceedings (ice.gov, 26 Nov. 2018). ICE reports that industry partners involved in the operation were fully responsible for…

201811.22

Unifab’s contribution to the list of the most notorious “counterfeit spots”

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.16

2018 Special 301 Out-of-Cycle Review of Notorious Markets: Chanel’s Choices

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.15

2018 Special 301 Out-of-Cycle Review of Notorious Markets: Maus Frères targets Facebook, iOffer, and Mercadolibre

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.06

Press Review on Counterfeiting (October 2018)

Belgium As part of the Pangea XI operation, the Belgian customs, in collaboration with the Federal Agency for Medicines and Health Products (FAMHP), controlled 14,464 packages, of which 622 contained medicines or health products. Of these, 141 were seized. They included 28,689 counterfeit products (rtbf.be, 23 oct. 2018). In Brussels, in the Agora gallery, an…

201811.02

Remembrance Day: authorities combat fake poppies

Every year, the Royal British Legion calls to remember and support its action by organizing a fundraising campaign the symbol of which is a poppy brooch. More than ever, the celebrations of the year 2018, marking the centenary of 11 November 2018, should be memorable. The poppy is the trademark of the Royal British Legion. As…

201810.22

Louis Vuitton Combats Online Counterfeiting Before a Florida Court

Louis Vuitton is suing 23 natural and legal persons in Florida for various infringements of its trademarks (Case 0: 18-cv-62354-CMA). Not less than 120 domain names and websites are concerned. Some domain names reproduce Louis Vuitton trademarks (eg louisvuittonbag.site, uslouisvuitton.co, prezzi-lvborse.org), while others include a term indicating the likely presence of counterfeits (eg: aaaimitationbags.com, fashionfakeseason.com,…

201810.19

2018 Special 301 Out-of-Cycle Review of Notorious Markets: the AAFA Nominates Three Amazons Platforms

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201810.16

Fake Goods on the Dark Side of the Moon

Patience/Time. The Patience of British rock band Pink Floyd has hit The Wall. The band is suing several Chinese entities for the alleged sale of counterfeit goods in relation to their band’s trademarks. Stay. Pink Floyd, which was formed in 1965, is internationally known for their psychedelic rock music and is one of the most…

201810.11

Beijing launches Internet-related online court

Following the path open by the city of Hangzhou in 2017, Beijing has recently opened its first online court dedicated specifically to handle Internet-related matters. The new civil court will have jurisdiction over matters previously decided by an ordinary court of first instance: online shopping, personal data protection, copyrights, domains and service contracts for example….

201810.10

The Birth of AliExpress Russia

For manufacturers, traders and distributors, the birth of a major e-commerce player is perceived either as a windfall or as a threat. This depends, among other things, on the risk that this new player may pose to intellectual property rights owners. The birth of AliExpress Russia inevitably provokes feelings of enthusiasm and dread. Founded in…

201810.09

EU Customs Report 2017 on Counterfeiting: Highlights

This report is based on the EU Customs 2017 results (Report on the EU customs enforcement of intellectual property rights: Taxation and Customs Union. Results at the EU border, 2017). For the most part, the counterfeit goods seized continue to come from China, including Hong Kong. However, it appears that in some countries counterfeiters have…

201810.08

Counterfeit and “Parasitism”: the All Blacks Tackled French Companies

New Zealand Rugby Union (NZRU) is the institution responsible for managing Rugby in New Zealand. It “ensures the operation and development of the national rugby team known as ‘All Blacks’ and conducts an active merchandising policy around the world to obtain the financial revenues necessary for the development of its activity“. It owns a semi-figurative…

201810.01

Uganda: the Role of Financial Institutions in Fighting Counterfeiting

In Kampala, bankers and anti-counterfeiting specialists have come together to find effective solutions against this scourge that literally floods the country with goods of mediocre and dangerous quality. According to the UNBS (Uganda National Bureau of Standards), at least 50% of all goods on the Ugandan market are false. Financial institutions in Uganda have been…

201810.01

Press Review on Counterfeiting (September 2018)

Canada, Ontario A several-month investigation led Canadian authorities in June 2018 to make large seizure at the famous Pacific Mall in Markham, north of Toronto. Representative of the Canadian authorities traveled to New York to meet with trademarks owners, including Adidas, Chanel, and Cartier. After analysis, it was confirmed that the goods seized were counterfeit….

201809.16

€510,000 in Damages for Counterfeits of Rims and Unfair competition

Mr. R. operates the websites rsimport.com and eurojante.com. The BMW companies have been informed that these tunning websites have a large number of BMW and MINI branded rims. Therefore, BMW managed to obtain the right to conduct a so-called saisie-contrefaçon conducted in the premises of Mr. R. Under French law, saisie-contrefaçon relates to Article 7(1) of the…

201809.14

Juul Labs Gets an Injunction Against Thirty Chinese Counterfeiters

“The scale of counterfeit Juul products is alarming,” said Kevin Burns, managing director of Juul Labs. (Juul) (Juul.com, September 11, 2018). The dazzling success of this young e-cigarette maker founded in 2017 comes with a big wave of counterfeits. To counter this, Juul collected a number of pieces of evidence and produced them before the…

201808.27

Press Review on Counterfeiting (August 2018)

Dubai In the first half of 2018, Dubai Department of Economic Development (DED) closed 4,879 social media accounts and 30 websites involved in the sale of counterfeit goods. This initiative is part of the efforts of the Dubai authorities to participate in the protection of trademarks (Golfnews.com, 5 August 2018). Borneo Ministry of Domestic Trade…

201808.14

China: the 2018 Net Sword Action

On July 16, the National Copyright Administration and the National Network Information Office, the Ministry of Industry and Information Technology, and the Ministry of Public Security jointly held the “Jianwang 2018” special action briefing in Beijing, announcing the launch of the “2018 Net Sword Action” (剑网行动). The 2018 campaign turns the spotlight on copyright infringement…

201808.03

Frivolous UDRP Complaints: Time to Claim Damages

Innovation HQ, Inc. has owned the domain weeds.com for several years. At the end of 2017, the domain name led to a single page with links made up of generic terms related to horticulture and gardening. This page also announced that the domain name was for sale. Weeds, Inc. owns trademarks that include the word…

201808.01

Brexit: Among the ccTLDs, the .EU is not the Only Issue

It is now widely known that the United Kingdom will leave the European Union on 29 March 2019. This will impact all fields of IP law, and domain names are also concerned. The European Commission recently released a communication in relation to .eu domain names. The communication states that: “undertakings and organisations that are established in…

201806.28

Harley-Davidson wins 19.2 Million in Statutory Damages Against SunFrog

SunFrog Corporation has been ordered, for trademark infringement, to pay Harley Davidson nearly $ 20 million (HD USA, LLC and Harley Davidson Motor Company Group, LLC, v. SunFrog, LLC, No. 17-CV -711-JPS, US District Court Eastern District of Wisconsin). SunFrog is a marketplace that provides its users with creative tools to produce graphics to be…

201806.25

United States: Prison for Selling Counterfeit Nike Shoes

In Oregon, USA, a man was sentenced to four months in prison followed by three years supervised release for counterfeiting and money laundering. According to the US Department of Justice (DoJ, April 4, 2018), counterfeit Nike brand shoes were offered for sale on Instagram, eBay, and Shopify. The evidence shows that in two years the…

201806.11

New EUIPO Report Highlights Dangers of Online Counterfeits

A new report from the European Union Intellectual Property Office (EUIPO) has revealed that the internet and social media are increasingly being used to benefit counterfeiters in the EU as a result of advertising revenue. The report, released earlier this month, collated research carried out by the EUIPO’s EU Observatory in conjunction with the Organisation…

201805.15

Slap on the Wrist for Canada Drugs after Importing $78M USD of Fake Cancer Drugs

Canadian online pharmacy, Canada Drugs, is looking at $34 million US in fines for the importation of counterfeit and unapproved cancer medicine and other illegal pharmaceuticals sold through their many online subsidiaries. According to US prosecutors, Canada Drugs has profited at least $78 million US via illegal imports originating from Canada and the rest of…