Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Thursday, December 21, 2017
Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States
Over the past few years, owners of U.S. patents and trademarks have used the appearance of Chinese companies at a trade show as infringement "traps." These patent owners have commenced infringement cases against Chinese companies based on those companies' activities at the trade show. Importantly, these intellectual property owners are not just commencing lawsuits, but, before the trade show even begins, they are obtaining temporary restraining orders enjoining the Chinese company from displaying, offering and accepting orders for the accused product at the trade show.
U.S. intellectual property owners frequently make the motions for restraining orders without first giving notice to the Chinese company, thereby depriving the company of the ability to oppose the motion. The lack of an opposition can enable a U.S. intellectual property owner to obtain a temporary restraining order even though its infringement claims are not strong.
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