The Rise and Rise of IP Trolls
Innovation fuels progress, but it also creates opportunities for exploitation. Enter the troll: Shadowy figures that lie in wait, using IP law as a tool of extortion rather than protection. Unlike the real creators, these actors contribute nothing to create the assets they claim to protect. Instead, their business model revolves around extracting settlements or […]
When IP Crosses Borders: Appraising the Exhaustion Doctrine in International Trade
Free trade opens borders to ‘food’ and ‘food for thought’ aplenty. For IP owners (“rightsholders”) in particular, a common challenge is how the free movement of goods may impact their IP rights. Understanding the “Exhaustion Principle” in IP law becomes vital. Also known as “the First Sale doctrine,” Exhaustion limits a rightsholder from controlling the […]
“It’s Just a Replica—Or Is It?”: Unpacking Trademark Infringement & Unfair Competition in Fragrance Dupes
We all love a bargain. You walk into your local supermarket to see a perfume priced at $30. You notice the label says it is ‘inspired by’ a luxury perfume — a fragrance that typically retails for $830. You’re likely to pick the former. The ‘deal-maker’ in this transaction, as is often the case, is […]