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Course Details

This CLE webinar will guide IP counsel on the most significant Chinese trademark litigation cases from the past year and examine key changes that are reshaping how brands protect their rights in China.

Faculty

Description

As the global trade landscape continues to shift amid ongoing U.S.–China tensions and increasing tariffs, safeguarding intellectual property has never been more urgent.

With many companies now rerouting their supply chains across Asia or reassessing their China-based operations, understanding the practical value of a trademark registration—and how it translates into real-world enforcement power—is essential. In today’s climate, a registration is more than a piece of paper (the trademark certificate); it is a critical tool for brand protection in cross-border business, ensuring the integrity of supply chain to market entry, especially in regions where enforcement practices and judicial protections can vary widely.

In recent years, several Chinese government offices jointly issued a series of opinions signaling a substantial transformation in China’s intellectual property (IP) policy. The new framework aims to encourage innovation and strengthen protections by tackling bad-faith registrations, fostering fair competition, increasing transparency, and aligning more closely with international IP norms.

Listen as our panel analyzes these developments through the lens of enforcement. The panel will explore top trademark infringement cases in the prior year, including precedent-setting damage awards, judicial interpretations, and strategic lessons for brand owners. Special attention will be given to how U.S. companies can adapt to the evolving enforcement landscape in the era of geopolitical uncertainty and protectionism.

Outline

  1. Recent Changes & Emerging Trends in Enforcement
    1. How recent policy changes impact trademark enforcement in China
    2. Navigating key enforcement mechanisms:
    3. eCommerce takedowns (Alibaba, AliExpress, Taobao, WeChat, Weibo, Dianping), administrative raid actions, customs recordals, criminal and civil enforcement
    4. Strategic venue selection: What courts are most favorable to foreign brands—and why?
    5. Trends in judicial rulings and the evolving trademark enforcement climate
  2. Review of Top Trademark Litigation Cases
    1. Which case resulted in the highest trademark damages ever awarded to an American brand—and why did the court issue such a significant judgment?
    2. Which case led to a five time punitive damages award—and what tipped the scale? 
    3. Which case successfully combined claims of trademark and design patent infringement—and why was this dual protection strategy effective?
    4. Which case pierced the corporate veil in a trademark infringement lawsuit and why it’s important? 
    5. Which case recognized a mark as “well-known” during trademark litigation and what’s the strategy to obtain such coveted recognition?  
    6. Which case involving Kung Fu Panda became a landmark decision—and why does it offer particular insight for brand enforcements in China? 
  3. Additional Strategic Insights
    1. What are the key distinctions between Western (U.S.) and Eastern (Chinese/Asian) trademark systems—and how do these differences impact enforcement across Asia?
    2. What are the most common enforcement pitfalls foreign brands encounter in China and other Asian jurisdictions?
    3. What essential considerations should brand owners keep in mind when seeking to protect trademarks internationally?


Benefits

The panel will review these and other key issues:

  • Key system differences between trademark laws in China and the U.S. that lead to practical impacts on business operations
  • Considerations for a brand owner before manufacturing and advertising in Asia
  • Courts more favorable to foreign brands
  • Key changes impacting trademark enforcement in China