Seattle Trademark Lawyer

The Ninth Circuit’s May 21 decision in U.S. v. Chen says a lot about the folks who make money selling counterfeit goods. Not surprisingly, they make money a whole lot of nasty ways.

Mr. Chen was convicted of trafficking in counterfeit Marlboro cigarettes.

But that’s not all.

The first line of the opinion summarizes his misdeeds: “Yi Qing Chen appeals his conviction and sentence on five counts involving smuggling of cocaine, methamphetamine, cigarettes, and missiles.”

Missiles?!

That’s right. A guy who transported “roughly 8 million cigarettes” also conspired “to acquire missiles designed to destroy aircraft.”

The court found: “In his post-arrest statement Chen stated that the missiles would have been delivered” if he had been paid.

Wow!

Counterfeiters are criminals. It shouldn’t be surprising some of them are involved in selling more than fake consumer goods.

The case cite is United States v. Yi Qing Chen, No. 11-50196, 2013 WL 2177019 (9th Cir. May 21, 2013).

Counterfeit jerseys, vodka, motor oil, and hats 

Counterfeit goods. They were everywhere at the International Trademark Association’s annual meeting.

That’s where I was last week: in Dallas, meeting with trademark colleagues from around the world. There were 9,500 of us. And a lot of counterfeit goods.

Jerseys, vodka, motor oil, hats. There was no shortage of examples on display.

A counterfeit good is a brand name put on a good that wasn’t made by the brand owner. Consumers often think they’re getting the real McCoy, but they’re actually buying a fake. Who knows who made what was purchased, or what the quality is. And it’s not all fake purses. Vodka? Motor oil? Counterfeiting can pose a real threat to the safety of unsuspecting purchasers.

That’s a point INTA wanted to help drive home. And they succeeded.

But INTA wasn’t all about counterfeiting. I took some time off to attend the decidedly genuine ninth annual “Meet the Bloggers” reception — a great success and a lot of fun. It’s always the highlight of the conference. Thanks to our hosts, which included luminaries Marty Schwimmer (Trademark Blog), Ron Coleman (Likelihood of Confusion), and John Welch (TTABlog)! It was a blast!

I almost got his autograph, too:
TTABlog’s John Welch at “Meet the Bloggers IX”

Coach’s branded purse. Genuine article available at a Coach shops; 
counterfeit version at local antique store, Coach’s complaint alleges

On Thursday, Coach, Inc., filed suit against a Snohomish, Wash., nostalgia and antique store for counterfeiting.

The suit, filed in the Western District of Washington, alleges that Pegasus Theater Shops and its owner have been selling handbags, wallets, sunglasses, reading glasses, cellular phone cases, and watches bearing Coach’s trademark, or a trademark that is indistinguishable from Coach’s “CC” logo, without Coach’s authorization.

The suit also names the shop’s owner individually. It alleges she is the “active, moving, conscious force behind the alleged infringing activities.”

The suit asserts claims for trademark infringement, trade dress infringement, false designation of origin, and unfair business practices.

The defendants have not yet filed an answer.

Counterfeiting claims are relatively rare in these parts, though obviously not unheard of.

The case cite is Coach, Inc. v. Pegasus Theater Shops, No. 12-1631 (W.D. Wash.).

Forget about the iPad settlement.

The real news in China is KHZ’s infringement of KFC:

KHZ (top) and the original: Tongli’s new spin on fast chicken

KFC is all over China, so it’s not like another chicken joint’s calling itself “KHZ” was a coincidence. Nor was its choice of a red-and-white color scheme or use of a Colonel Sanders stand-in.

But even then, it probably wasn’t the most brazen example of infringement I saw. Anyone up for Thomas the Train Pizza?

Thomas the Train Pizza, Beijing-style

And who needs Tommy Hilfiger when you’ve got Tommy Welai? I’m sure the clothes are the same either way.

Beijing’s Tommy: Tommy Welai

Last but not least, a fake “Cheers” bar. Where everybody knows your name — assuming it’s Wong, Lee, or Cheung. Ni hao!

Cheers - Suzhou: Miles from Boston, but everyone still knows your name

It was an awesome trip. By highlighting some of the crazier instances of trademark infringement I found, I’m in no way trying to take anything away from this wonderful country. China rocks. The people are friendly, the food is good, and the subway (in Beijing, at least) costs 30 cents to ride. Who can beat that?! I plan to return as soon as possible.

Photos by STL.

 $14 for 11 Coen Brothers movies? It’s a steal!

With WIPO’s Diplomatic Conference on the Protection of Audiovisual Performances meeting in Beijing this week, counterfeit DVDs are not as ubiquitous here as usual. But there’s no shortage of them outside the city, as I recently found in and around Shanghai.

It’s how many, if not most, residents see movies. Cheap DVD knockoffs that can begin in English and end in Russian. But many reportedly are perfect, and there’s no question they are cheap. Here are some shots from a mom-and-pop video store in Sozhou.

The complete collection of “The Sopranos” would only set you back $25.

The packaging is surprisingly professional. And the price can’t be beat — 90 RMB for 11 Coen Brothers movies is about $14. Not bad for a collection advertised as “Black Comedy Great Director.”

Must see TV? $4.70 buys you a season of “Apprentice” or “Prison Break”

The offerings include some pretty recent titles, though I didn’t see any you couldn’t find yet in the States. Lots of TV titles, too, in case you find yourself in China desperate for some “Apprentice” (touted as “Irresistible” and “Compelling”) or “Prison Break” (“Prisons were made to be broden” [sic]).

Interestingly, a guide to living in Shanghai I found warns that U.S. Customs identifies DVDs when x-raying bags at the airport and confiscates obvious fakes. Ex pats here say not to bring them back into the States (though many have no problem buying them for use here). I don’t intend to test security measures on my flight back home — even in the name of investigative journalism.

Photos by STL.