Topics: Legal/Regulations/Standards

Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers

Kari Kammel, Jay Kennedy, Daniel Cermack, and Minelli Manoukian, 2021 This article explores: (1) the current state of trademark counterfeits on e-commerce platforms with a focus on the U.S.; (2) the history of case law in the U.S. addressing whether e-commerce platforms incur primary or secondary liability for trademark counterfeiting; (3) strict products liability cases …

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A Brief Analysis of the Chinese Intellectual Property Regime

Joseph Longo, 2019 Introduction Intellectual property rights have had a space in China for centuries, though, they were not afforded serious legal consideration until the mid-1980’s. With a complex and comprehensive bureaucracy dedicated to protecting both foreign and domestic intellectual property, the People’s Republic of China (PRC), on paper, is very similar to the West. …

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Congress’s Proposed E-Commerce Legislation for Regulation of Third-Party Sellers: Why It’s Needed and How Congress Should Make It Better

Kari Kammel and John Zacharia, 2021 When consumers buy items directly from brand owners online, consumers get exactly what they expect: the real item.  Historically, when consumers bought online through an e-commerce platform, those same genuine items may also come directly from a brand owner or an authorized vendor.  Today, however, third-party sellers have taken …

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Front & Center: Don’t Find Yourself Wrapping Fakes This Year

Don’t Find Yourself Wrapping Fakes This Year Tyler Armstrong, Lucy Ching and Tori Curtis, 2020 **Please enjoy this inaugural issue of the Front & Center bulletin crafted jointly by the Michigan State University Center for Anti-Counterfeiting and Product Protection (A-CAPP Center) and the National Intellectual Property Rights Coordination Center (IPR Center).  Sincerely, Jeff Rojek, Director of …

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IP Rights in the Middle East: Cultural Complexities Behind Legal Enforcement

Kari Kammel, 2020 The enforcement of intellectual property (IP) rights varies widely from country to country. This article will examine the cultural context enveloping the enforcement of IP rights in the Middle East and posit some ideas for companies looking to understand or protect their IP in this region. While not an exhaustive list, several …

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Examining Trademark Counterfeiting Legislation, Free Trade Zones, Corruption and Culture in the Context of Illicit Trade: The United States and United Arab Emirates

Kari Kammel, 2020 This Paper seeks to explore the complex dynamics of illicit trade, specifically the trade in counterfeit goods, the legal framework of two countries for comparison—the United States and United Arab Emirates—and other impacting factors such as free trade zones, corruption, and culture. To read the full article, visit digitalcommons.law.msu.edu.

The Role of International Cooperation on Trademark Enforcement

Emily Osika, 2019 Abstract The role of international cooperation through several transnational bodies provides countries the ability to cooperate on trademark enforcement mechanisms, allow for, and develop a global agenda on trademark enforcement. This is important because trademark violations are a global concern, in which countries and industries share an invested interest. Between the United …

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Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation

A-CAPP Center Staff, 2019 The United States Patent and Trademark Office (“USPTO”) is gathering information about the impact of artificial intelligence (“AI”) technologies on intellectual property law and policy. To assist in gathering this information, on August 27, 2019, the USPTO published questions related to the impact of artificial intelligence inventions on patent law and …

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The Crime of Product Counterfeiting: A Legal Analysis of the Usage of State-Level Statutes

Kari Kammel, Brandon Sullivan and Lorryn Young, 2019 This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anticounterfeiting statutes across …

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