347.685.9913

DLG@DigitalLawGroup.com

LinkedIN

Phillips & Sutherland, LLP

manufacturing Tag

How U.S. subsidies aid Chinese counterfeiters

The Universal Postal Union treaty (UPU) is a United Nations agreement that was established in 1874 and sets shipping rates between 192 member countries. In 1969, in an effort to boost economic growth, the UPU set lower shipping rates for small parcels (4.4lbs and under) mailed from developing countries. While this move by the UPU was clearly well-intentioned, it has not been reassessed in several decades. As a result, despite being the world's second largest economy, China is still listed as a "developing country" and thus benefits from unreasonably low shipping rates - to the detriment of...

Continue reading

Battle of the Copper Pans

Imitation may be the highest form of flattery, but such flattery is unwelcome when it comes to copying products. In the consumer product industry, hot items are quickly adapted by competing companies, resulting in consumer confusion as to the origin of the product; sometimes resulting in lengthy legal battles. We saw this most recently with retractable hoses (X Hose, Pocket Hose, etc.), which has been in litigation since 2013. Right now, the hottest product igniting lawsuits is copper. Copper pots and pans (or at least copper in color) are the latest sensation in cookware. Big sellers...

Continue reading

Is ‘Made in China’ a Thing of the Past? What tariffs and trade relations mean for the consumer product industry.

According to the Office of the U.S. Trade Representative, China is our largest goods trading partner with approximately $579 billion in total trade during 2016. Imports from China totaled $463 billion, resulting in a $347 billion U.S. trade deficit for the year. This deficit, along with the goal of bringing manufacturing jobs back home, has the President Trump contemplating high tariffs on Chinese and other imports, including those from another major trade partner – Mexico. The World Trade Organization stipulates that tariffs can only be imposed when there is material injury to the domestic industry, such as the detrimental effects of...

Continue reading

How much is that Hamdog in the (drive-thru) window?

Perhaps the first question should be: “What in the world is a Hamdog?” The Hamdog is a combination of a hamburger and a hot dog. Mark Murray, who lives in Perth, Australia, invented it in 2004. The invention has been granted patent rights in Australia and the United States, and, more importantly, has become a viral phenomenon, spawning hundreds of interviews of the inventor. Thanks to the attention the product has received, Murray has decided that rather than sell directly in the U.S., he is auctioning the U.S. patent and trademark to the highest bidder, transferring global rights (not including Australia)....

Continue reading