Visions of embargo falling spark U.S.-Cuba IP battles; posturing for future free-trade era ignites suits over cigar and rum brand names and a flurry of IP registrations in both nations

Article Abstract:

Cuban and US manufacturers have a growing expectation of free trade and evidence is both nations' attempts to corner markets and obtain trademark protection, with hundreds of US companies registering marks and copyrights in Cuba. Amendments in 1995 to Treasury Department regulations allowing payment to the PTO on behalf of Cuba for registering trademarks and other intellectual property in that country have eased the process. The Cuban cigar and rum industries have been able to register marks in the US since the embargo was imposedand did so expecting eventual free trade which would allow them to sell here.

Alcoholic beverage industry, Cuba, Cigars

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Canada lays down law to infringers and Disney: company's theme parks enjoy snow-white repute, but good will can't be extended to its hotels

Article Abstract:

Two trademark lawsuits brought by The Walt Disney Co in Canada illustrate the importance and limitations of establishing a reputation in Canada for goods or services provided elsewhere. Disney sued Triple Five Corp for calling the amusement park in its W Edmonton shopping mall 'Fantasyland,' and, separately, Fantasyland Hotel, which is in the same mall, for passing off. It won the first suit because it could establish public awareness in Canada of its own Fantasylands, but had no similar reputation in hotels.

Amusement and Theme Parks, Hotels & Motels, Hotels (except Casino Hotels) and Motels, Hotels and motels, Amusement parks, Canada, Laws, regulations and rules, Walt Disney Productions Inc., Goodwill (Business)

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Statutes may thwart foreign telecom infringers; U.S. laws offering damages and injunctive relief may facilitate protection of IP telecom rights

Article Abstract:

There are two ways to file suit against foreign infringers of US telecommunications patents. The plaintiff can base an action before the International Trade Commission on Section 337 of the Smoot-Hawley Tariff Act or on Section 271(g) of the Process Patent Protection Act. If successful with the first, the plaintiff will obtain an exclusion order keeping the infringer out of the US market, while the second will obtain injunctive relief and damages.

Telecommunications services industry, Telecommunications industry, International aspects, Patent law, United States. International Trade Commission

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