INTA Board of Directors vote to adopt four board resolutions during Association’s 2023 Leadership Meeting

New York, New York—November 14, 2023—The Board of Directors of the International Trademark Association (INTA) has adopted four resolutions during their November 2023 Board of Directors Meeting, held today in Houston during the Association’s 2023 Leadership Meeting. Establishing INTA’s position of critical policy issues, board resolutions are critical to the Association’s advocacy work and guide all related activities once approved by the Board. 

The first resolution addresses monetary relief for trademark violations. Specifically, it is a policy position requiring efficient and effective mechanisms in enforcement systems to secure monetary relief for trademark infringement. Further, it sets out multiple bases for calculating and awarding relief, including statutory damages, proposing in addition that in cases of bad faith, or willful or repeated violations, there be enhanced monetary relief. 

The second resolution speaks to the issue of the absence of federal level protectability and registrability for trademarks relating to cannabis sector goods or services. With 246 million people living in states that have some form of legalized access to high-THC cannabis, INTA sees these consumers in need of protection against infringers and counterfeiters. Taking no position on whether cannabis products should be legal, the Board resolution is in support of legislative or regulatory changes that would allow for the federal registration and protection of trademarks that are used in connection with cannabis-related goods or services that are lawful under state law.   

The third resolution approved the 2023 edition of INTA’s Guidelines for Trademark Examination, which serve as a standard and guide for national and jurisdictional trademark office application examination procedures. Leveraging these guidelines, the Association to able to provide analysis, advice, comments, recommendations, and training related to national and jurisdictional trademark application examination procedures. 

The fourth resolution establishes a framework for protecting consumers from third-party sales of counterfeit goods via online marketplaces. Recognizing the health and safety risks that result from any criminal enterprise as the source of counterfeits, the Board resolution emphasizes the need for anticounterfeiting enforcement mechanisms to protect consumers by determining the circumstances under which online marketplaces may be legally accountable for third-party sales of counterfeit goods. The framework provides for a range of common practices to address sales of counterfeits. These practices support an approach for assessing the liability of online marketplaces for the third-party sale of counterfeit goods when there is intention behind the sale, knowledge of the sale, or the online marketplace has failed to take reasonable steps to prevent and mitigate the sale of counterfeit goods.  

“The wide range of issues addressed through these resolutions speaks to the broad and comprehensive work of our committees and the productivity of our Board. We are grateful to have so many contribute to an advocacy agenda covering the most important issues facing brands and consumers today. Thank you to our committees and their leaders for their tireless efforts,” said INTA Chief Policy Officer Heather Steinmeyer.  

Read the Board Resolutions.  

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