The State Intellectual Property Office (CNIPA) promoted the revision of the Trademark Law of the People’s Republic of China and on January 13, 2023, issued the Amendment to the Trademark Law (Draft for Comments), which is now open for comments.Specific opinions on the revision and improvement of the Draft for Comments must be submitted before February 27, 2023.
A Manhattan federal jury on Wednesday concluded that an artist’s non-fungible token versions of Hermes’ famous Birkin bags violated the French fashion house’s trademark rights.In one of the first intellectual-property trials over the popular digital tokens known as NFTs, the jury found artist Mason Rothschild’s unauthorized “MetaBirkins” were likely to confuse consumers.
The American Bar Association (ABA) filed an amicus brief on February 3 with the U.S. Supreme Court asking the Court to clarify issues related to the application of the Lanham Act to trademark disputes that cross international borders.
(2023.2.16 追記)
The Vanity Fair test, derived from Vanity Fair Mills, Inc. v. T. Eaton Co., 234 F.2d 633 (2d Cir. 1956), considers three factors: (1) whether the defendant is a United States citizen; (2) whether there was a conflict with trademark rights established under the relevant law of the foreign jurisdiction; and (3) whether the defendant’s conduct has a “substantial effect on United States commerce.” Vanity Fair, 234 F.2d at 642. （Extraterritorial TM Disputes）
外国人はVanity Fair testの最初のテスト、United States citizenに該当しないため、Vanity Fair testを採用する裁判管轄であっても問題は生じないことになりそうです。
