By Seth Parent
In Doe v. Cisco Systems, Inc., Cisco Systems is under fire for a recent development in its ongoing business relationship with the Chinese government. The plaintiffs in Doe allege that Cisco knowingly aided and abetted the Chinese government by developing a system custom-tailored to identify, track, and persecute members of a minority group known as the Falun Gong.
The complaint was initially dismissed for lack of protection under the Alien Tort Statute (ATS), though it is now on appeal. The ATS grants federal district courts jurisdiction over violations of certain international laws regardless of where the harm occurred or who inflicted that harm.
By Kiran Jassal
This month, a Chinese company known as Shenzhen Baili Marketing Services Co. won a regulator’s patent ruling in Beijing against Apple for its rounded-edge smartphone design, stirring fears that Apple’s iPhone 6 would be shut out of the market in China. This ruling comes one short month after Apple lost its fight to keep the “iPhone” trademark exclusive to its products following a Beijing court ruling that a little-known accessories maker could use the trademark for a range of its wallets. And among the many interesting dimensions to this recent patent dispute, Apple’s woes are even more complicated by its struggle to keep confidential designs under wraps as they work their way through Apple’s supply chain.
By Kiran Jassal
By now, many are aware that Facebook has taken a rather active stance when it comes to protecting its trademark. Examples include bringing infringement claims against Designbook, Lamebook, and Teachbook. Not surprisingly, Facebook is once again policing its trademark. What is surprising, however, is that Facebook won a trademark dispute in China, a place where trademark disputes haven’t typically ended in favor of U.S. companies.
On April 28, 2016, the Beijing High Court ruled that the Zhongshan Pearl River Drinks Factory (the “Factory”), based in southern Guangdong province, should not have been allowed to register the trademark, “face book”. Hoping to use the mark “face book” on its various food and beverage products, the Factory filed a trademark application at the Trademark Office of the State Administration for Industry and Commerce on January 24, 2011. Continue reading
By Danielle Olero
The vintage cartoon, The Jetsons, inspired many to predict there would be flying cars by the year 2000. But amongst our many modern conveniences, flying to work in a car has not been an option. People may not have invented flying cars by the turn of the century, but we may be closer than we ever imagined. Many people use drones to carry packages, take videos, diffuse bombs, and now they can carry you. Continue reading
By Andrew H. Fuller
As Cybersecurity becomes a prominent global issue for nation states, governments consider options to curb their nation’s digital vulnerability. On July 6th, China, an undisputed major player on the global digital frontier, released the Cyber Security Law of the People’s Republic of China (“CSL”) for public comments. The CSL will, among other things, encourage education and training in cybersecurity related fields, establish new protections and rights for personal and sensitive data, and create government set standards for information technology hardware and software. Once adopted, the CSL will be the first Chinese law that exclusively focuses on cybersecurity. Continue reading