Banana Republic: The Emoluments Clause, Impeachment, And Trump

Trump Adds Another Chinese Trademark to His Portfolio
By SUI-LEE WEE

Not totally stupid

BEIJING — China has granted Trump preliminary approval for another trademark in apparel, expanding business interests that have already generated criticism over potential conflicts.
Trump, the businessman, has collected trademarks that span a broad range of countries and industries, including soap in India and vodka in Israel. 

With the latest approval in China, Trump could bring his total trademarks in the country to 116, giving his business empire greater access to the world’s second-largest economy.
But the globalist approach runs counter to a populist president who has pushed a nationalistic agenda. The portfolio of trademarks could also leave Trump vulnerable to perception problems, as well as potential conflicts.
He applied for the trademark in June 2016, the same month that, as a presidential candidate, he said he would label China a currency manipulator. 

Since then, Trump has reversed his position and has taken a less confrontational stance with China, particularly after meeting with Xi Jinping in April.

China’s Trademark Office granted Mr. Trump preliminary approval for the trademark — which can be used in clothing like trousers, underwear and suits — on May 6. 

The trademark will be formally registered three months later, if the agency receives no objections.
Trump now has 77 registered trademarks in China and 39 trademarks with preliminary approval. 

His daughter Ivanka Trump has recently secured a spate of new trademarks in China through her trademarking business, Ivanka Trump Marks L.L.C.
It is unclear how Trump plans to use his trademarks. 

Unlike in the United States, people who file for trademarks in China do not have to give a reason for their application.

Trump has softened his stand on China since meeting with Xi Jingping in April.

That lack of a disclosure requirement has given rise to a crush of people registering the names of well-known brands, a practice known as “trademark squatting.” 

Trademark lawyers in the country often advise celebrities and overseas companies to file for trademarks across many sectors in a strategy known as “defensive filing” because litigation is an expensive and time-consuming process.
Opportunists have flocked to the Trump brand. 

His name is emblazoned on toilets, cosmetics and leather goods in China — trademarks registered by people other than the president.
Trump waged a decade-long legal battle for the right to protect his name brand for construction projects, finally winning in February. 

That trademark approval was disclosed days after Mr. Trump spoke with the Chinese president and dropped his challenge to China’s policy on Taiwan.
Whether the Trump Organization will profit from the trademarks remains to be seen. 

The licensing of Trump’s name, together with real estate development, are principal sources of the company’s income.
“As a legal matter, the trademark itself is a thing of value, as proven by how hard the president has fought for some of these trademarks over the years, in China and elsewhere,” said Norman Eisen, who was an ethics lawyer for former President Barack Obama. 

Mr. Eisen is part of a group that sued Trump, alleging that his business interests violate the emoluments clause in the Constitution that bars presidents from taking gifts or payments from foreign governments.
“The Constitution simply does not allow him to collect foreign tributes of this kind while he sits in the Oval Office,” he added.
The Trump Organization has said it will not do any further international deals. 

The business is now being run by the president’s two adult sons.
Senators have expressed concern about Trump’s trademarks in China, saying Beijing could use them to sway policy decisions. 

In March, Senator Ben Cardin, Democrat of Maryland and ranking member of the Senate Foreign Relations Committee, said “officials in Beijing have come to appreciate the potential return on investments for China in having a positive, personal business relationship with the president of the United States, who has not taken appropriate and transparent steps to completely sever his relationship from the corporation that bears his name.”

The Godfather’s Daughter

Ivanka Trump brand secures China trademarks on day Trump met Xi Jinping.

Donald Trump’s daughter sparks ethics concerns after gaining approval in country where US business feels increasingly unwelcome

By Benjamin Haas in Hong Kong

Ivanka Trump should consider stepping away from China matters, said Norman Eisen, a former chief White House ethics lawyer.

As Donald Trump and Xi Jinping dined on Dover sole and New York strip steak earlier this month, thousands of miles away in China a government office quietly approved trademarks that benefit the US president’s family.
On the day the president’s daughter Ivanka Trump met the Chinese leader, China granted preliminary approval for three new trademarks for her namesake brand, covering jewellery, bags and spa service, according to official documents.
Her company, Ivanka Trump Marks LLC, has been granted four additional trademarks since her father’s inauguration and has 32 pending, according to the Associated Press, which first reported the new approvals.

Donald Trump’s White House has created a minefield of ethics concerns and the president and his top officials represent one of the wealthiest cabinets in history, with business empires spanning the globe. 

Ivanka Trump was appointed assistant to the president last month, after previously saying she would not join her father’s administration.
Ivanka Trump no longer manages her clothing, jewellery and accessories brand, but still owns the business and is frequently seen wearing clothes from her own collection. 

She has put her business in a trust, run by family members.
“Ivanka has so many China ties and conflicts, yet she and Jared appear deeply involved in China contacts and policy. I would never have allowed it,” Norman Eisen, a former chief White House ethics lawyer under president Barack Obama, told the AP. 

“For their own sake, and the country’s, Ivanka and Jared should consider stepping away from China matters.”

The Godfathers: Ivanka Trump was present when Donald Trump met Xi Jinping and his wife, Peng Liyuan, in Florida this month. 

US law prohibits government officials from handling government matters that could enrich their business or their spouse’s. 

Ivanka Trump’s products are made almost entirely in China, and US policy on trade or China’s currency could benefit her financially.
Jamie Gorelick, Ivanka Trump’s lawyer, said in a statement: "The federal ethics rules do not require you to recuse from any matter concerning a foreign country just because a business that you have an ownership interest in has a trademark application pending there."
Gorelick did not respond to questions about the trademarks creating the appearance of a conflict of interest.
Ivanka Trump has been on a charm offensive with China over the past few months, often with her Mandarin-learning daughter in tow. 

Her five-year-old daughter Arabella sang a traditional song for Xi during his US visit.

The two also attended a Lunar New Year celebration at the Chinese embassy in Washington.
But not all US business are benefitting from the new administration. 

In a recent report, American businesses in China face one of the toughest climates in decades, largely due to increasing animosity towards foreign firms.
Barriers to investment remain high, the American Chamber of Commerce in China said, despite China’s attempts to project an image of globalisation and openness. 

About 81% of the chamber’s members said they felt unwelcome in 2016, an increase from 77% in 2015.
But Trump family brands increasingly appear to be welcomed with open arms in the world’s second largest economy.
Shortly after his election in November and after a decade of fighting in court, Donald Trump was granted trademark protection for his name in the construction industry. 

In February, the Trump name was granted an additional 38 trademarks for a range of uses including hotels, insurance and bodyguard services.
Those approvals have raised concerns with ethics experts, and Citizens for Responsibility and Ethics in Washington, a nonprofit focusing on public officials, has launched a lawsuit saying the trademarks were part of a wider list of actions that showed Trump had violated the constitution.