Legal Blog

Equitable Estoppel Defense to Intellectual Property Infringement Claims in International Trade

Posted by Brandon Selinsky on May 12, 2015 12:38:27 PM

Can an Equitable Estoppel Defense Win the Day in Intellectual Property Infringement Cases

This blog post will be the first of a series dealing with this subject.  In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the subject of Intellectual Property rights in an International Business Transactions setting.  This series of blogs will be about the International Trade Commission’s treatment of four affirmative defenses over the last ten years:  Collateral estoppel, waiver, laches, and acquiesces.  The author’s method of research involved reviewing a sampling of 85 International Trade Commission (ITC) decisions issued since January 1, 2005.  Most of these cases involved hundreds of filings and some were filed by Fortune 100 companies.  What this blog will deal with are the affirmative defenses raised in these cases, the elements of those defenses, and the Administrative Law Judges’ (ALJs’) treatment of those defenses.

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Topics: International Business, Trademark Attorney, Intellectual Property, Copyright Infringement, Copyright Law, international business

Anti-Dumping Order is An International Trade Win For U.S Steel Pipe Makers

Posted by Joseph Whitcomb on Dec 22, 2014 9:19:27 AM

Why do anti-dumping measures benefit U.S. steel manufacturers?

On August 22nd, U.S. Steel producers were handed a big win in an international trade case against six nations for dumping gas and oil pipe onto the United States market.  This decision comes after a complaint was filed last year by U.S. steel companies against foreign manufacturers who were, according to the U.S., “negatively impacting the U.S. steel production companies with their unfair trading standards.”

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Topics: International Business, anti-dumping, international business

Decrease in Trade Deficit: Good News For U.S. Exporters

Posted by Joseph Whitcomb on Dec 21, 2014 7:21:30 PM

What is a decrease in the trade deficit and what does it mean for U.S. Jobs Numbers?

Businesses involved in international trade were pretty happy recently when the Commerce Department announced that the total July exports of $198.0 billion and imports of $238.6 billion resulted in a goods and services deficit of $40.5 billion, down from the $40.8 billion in June. More specifically, July imports were $1.6 billion more than June imports of $237.0 billion. This is the lowest deficit since January. Overall, the Commerce Department has reported that the growth in exports has steadily outpaced the growth in imports during the month of July, which has resulted in the narrower deficit.

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Topics: International Business, international business, trade deficit

China’s Anti-Monopoly Law Could Spell Trouble With The WTO

Posted by Joseph Whitcomb on Dec 1, 2014 7:03:55 PM

What does China's anti-monopoly law mean to international business transactions?

There is no such thing as a slow month in international trade law, particularly when it comes to China, which seems to make the news on a near daily basis.  This month was no exception as China made headlines for its application of an anti-monopoly law.

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Topics: International Business, international business, trademark law

Maine, International Trade, and Lobster

Posted by Joseph Whitcomb on Nov 21, 2014 9:43:46 PM

What do Maine, International Trade, and Lobster have in common?

When one thinks of Maine, a few things come to mind: fresh lobster, cold winters, its beautiful coastline bordering the Atlantic Ocean.  Next on the list: international trade?  While it’s not currently the first thing to pop into the mind when thinking about Maine, that could soon change.  Maine has a strong international trade center, aptly named the Maine International Trade Center (MITC), which was recently approved by the federal government to receive a grant of over $800K to promote exports from and attract foreign investment to Maine.

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Topics: International Business, international business, Maine International Trade Center

Trade Law As A Tool Against Chinese Hackers

Posted by Brandon Selinsky on Nov 1, 2014 9:24:39 PM

Recent news headlines have highlighted the hackers that are breaking into our systems and stealing our information.  Target got hacked a few months ago, and just recently, Home Depot had a security breach where thousands of people had their credit card and debit card numbers stolen.

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Topics: International Business, Intellectual Property, international business, trade sanctions

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