Trump toilets, condoms could be flushed after his China win
SHANGHAI >> President Donald Trump’s triumph in the fight to wrest back his brand for construction services in China could spell the end of more than 225 Trump-related marks here that don’t belong to him, including Trump toilets, Trump condoms, Trump pacemakers and even a “Trump International Hotel.”
After a decade of grinding battle in China’s courts, an official finding in Trump’s favor expected this week could signal a shift in fortune for the U.S. president’s intellectual property. Also at stake are 49 pending Trump trademark applications — all made during his campaign — and 77 previously registered marks, most of which will come up for renewal during his term.
Each win creates value for Trump’s business empire — and raises ethics questions about his administration. Critics say the trademarks present conflicts of interest for Trump and may violate the emoluments clause of the U.S. Constitution, which bars public servants from accepting anything of value from foreign governments unless explicitly approved by Congress.
“There can be no question that it is a terrible idea for Donald Trump to be accepting the registration of these valuable property rights from China while he’s a sitting president of the United States,” said Norman Eisen, who served as chief White House ethics lawyer for President Barack Obama. “It’s fair to conclude that this is an effort to influence Mr. Trump that is relatively inexpensive for the Chinese, potentially very valuable to him, but it could be very costly for the United States.”
China could use Trump’s desire to control his brand to extend or withhold favor, particularly since its courts and bureaucracy reflect the imperatives of the ruling Communist Party.
Eisen is involved in a lawsuit alleging that Trump’s foreign business ties violate the U.S. Constitution. Trump has dismissed the lawsuit as “totally without merit.”
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The precise value of the trademarks is uncertain, but in a 2011 letter to then-U.S. Commerce Secretary Gary Locke, Trump wrote that he spent hundreds of thousands of dollars to defend his brand in China.
He railed against Chinese courts for not recognizing that he was famous, writing that “it appears the only two places in the world I am not well known are” China and Macau.
Trump’s elevated profile as president will likely make it easier to protect his brand in China, said Zhou Dandan, a lawyer with Unitalen Attorneys at Law in Beijing, which has worked for Trump since 2006. Trademark authorities will almost certainly reject new “Trump” applications from unrelated parties, she said, and may take back rights from existing “Trump” trademark holders.
That’s what happened in the case nearing completion this week.
Back in December 2006, Trump applied for rights to the Trump mark for construction services. He was rejected because China operates on a first-come-first-served principle and a man named Dong Wei had filed a similar application two weeks earlier. Trump appealed to Chinese authorities for 10 years and was rejected time and again, right up until the month before he declared his candidacy.
Then something changed. China’s trademark authorities published their decision to invalidate Dong’s trademark for construction services on Sept. 6, 2016. Trump’s application moved ahead, and if no one objects, the trademark will be registered to Trump on Tuesday. Dong could not be reached for comment.
Why is Trump winning now, after years of failure? China’s State Administration for Industry and Commerce and its foreign ministry did not reply to requests for comment.
Alan Garten, chief legal officer of The Trump Organization, said the Chinese trademarks were already in the works before the election, and the president has turned management of his company over to his children and a team of executives.
In an email, Garten wrote, “The only mark we were seeking was one in the related class of construction which someone was improperly squatting on.”
Some lawyers say Trump may have benefited from a general hardening in China’s stance toward trademark squatters, but others believe politics played a role.
“It would be hard to imagine that the judges, the Trademark Office and/or the Trademark Review and Adjudication Board were acting without some kind of guidance,” said Dan Plane, a director at Simone IP Services, a Hong Kong intellectual property consultancy.
Meanwhile, the makers of Trump-branded luxury toilets at Shenzhen Trump Industrial Co. say they will defend their brand, even if it means taking on the U.S. president.
Co-founder Zhong Jiye said his Trump toilets have nothing to do with President Trump. The Chinese name brings together ideas of innovation and popularity, he said. And in English, the “U” makes a nice toilet-seat shaped logo.
Trump toilets for the home can do pregnancy tests. Models for public use have disposable seat covers for improved hygiene. People use Trump toilets some 100 million times a year, Zhong said.
Among them, he added, are customers at Zhongnanhai, the official residence of Chinese President Xi Jinping.
16 responses to “Trump toilets, condoms could be flushed after his China win”
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” People use Trump toilets some 100 million times a year, Zhong said.” A fitting legacy. Now available in gold leaf.
Is that where the ‘Dump Trump’ slogan came from? It’s his own brand. LOL.
https://www.google.com/search?q=dump+trump&num=50&safe=off&source=lnms&tbm=isch
How long can this president flout ethic rules? I guess it’s a new government with a king sitting at the throne who can override all the rules as long as no judge speaks up as our Congress is now dominated by one party. In that alone we have become a country with really no checks and balances outside of the judicial branch. That is a really scary thought as Allie would say.
Just like the last President!
So you agree…
So your saying Obama did the same thing as Trump, and since Obama had his 15 minutes of fame, Trump should also get his…You say Obama shouldn’t have been allowed his Trumpers missteps BUT since he was allowed Trump should also be allowed…”Those who do not learn history are doomed to repeat it.” Kind of like that then…#MAGA
You say Obama shouldn’t have been allowed his missteps BUT since he was allowed Trump should also be allowed
Toilet name…Trump Dump..
Eh, Press, no worry so much, we are all making money off trump, Dow hit 20,500 today and you continue to sell and profit from trash sewer stories, like I say, no worries…
…news article of his best work…which he’s certain to tweet in glowing admiration…of himself
da buggah….
The talking toilet – make america go again.
I want one before they destroy it. Just sitting on it will simulate my juices.
I want a Trump cond0m…I heard they modeled it after Trump, made especially for those with small hands (wink)…I can sympathize…#maga
Go to any office supply store….they are sold as “finger” protectors!!!
Of course Obama had no financial conflicts similar, his main source of income his entire life was Grandma and the tax payers. Trump on the other hand could have sat back and easily lived the county club life off his family. He chose at great risk personally, professionally and financially to build a company employing many and creating a business model that the millionaire county club members and Hollywood’s only wish they could accomplish.