Affichage des articles dont le libellé est gratuitous Chinese trademarks. Afficher tous les articles
Affichage des articles dont le libellé est gratuitous Chinese trademarks. Afficher tous les articles

mercredi 24 mai 2017

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.”

mercredi 19 avril 2017

Bought by China

Lawsuit against Trump now includes China trademarks
BY MARK HENSCH

A lawsuit alleging Trump violated the Constitution’s emoluments clause now lists “gratuitous Chinese trademarks” among its examples.
Citizens for Responsibility and Ethics in Washington expanded its complaint against Trump on Tuesday.
“Despite denying Defendant trademark protections for over ten years, including in a ruling from an appellate court, and despite China’s law barring the use of foreign leaders’ names as trademarks, China gave Defendant the trademark he had requested and valued,” the amended complaint reads.
“However, China only gave the trademark protection to Defendant after he had been elected President, questioned the One China policy, was sworn in, and re-affirmed the One China policy.”
The trademarks China has granted to Trump include branded spas, real estate companies, bars, restaurants and escort services.
The Washington-based nonprofit announced in January that it was bringing a suit to “stop Trump from violating the Constitution by illegally receiving payments from foreign governments.”
The lawsuit alleges Trump is violating the emoluments clause when his hotels — including the new Trump Hotel in Washington, D.C. — and restaurants do business with representatives of foreign governments.
The reach of the emoluments clause has been a subject of fierce public debate since Trump won the White House, given his vast business holdings.
The clause, aimed at curbing corruption, states that “no person holding any office of profit or trust under them shall, without the consent of the congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince, or foreign state.”
The plaintiffs involved have asked Judge Ronnie Abrams in New York to order Trump to stop violating the clause and release financial records proving he has done so.
Reports emerged Tuesday that China approved three new trademarks for a brand owed by Trump’s daughter Ivanka after she met Xi Jinping earlier this month.
Ivanka Trump and her husband, Jared Kushner, sat next to Xi during his April 6 visit to Trump’s Mar-a-Lago resort in Palm Beach, Fla.