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International Law,
Intellectual Property

Apr. 18, 2013

Doing business in China? Beware trademark hijackers

True or false: If you are not selling your product in China, but merely sourcing or manufacturing there, you cannot be held liable for trademark infringement?

Kimberly A. Eckhart

Senior Attorney, Winston & Strawn LLP

Kimberly regularly provides domestic and international trademark counseling, including analysis and resolution of clearance, prosecution, and enforcement issues.

True or false: If you are not selling your product in China, but merely sourcing or manufacturing there, you cannot be held liable for trademark infringement?

If you answered true, then you may become the victim of a Chinese brand hijacker and you are not alone. Many sophisticated U.S. businesses have had their trademarks hijacked by Chinese parties because they did not appreciate two important aspects of Chinese trademark law.

First, unlike in the US., whi...

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