Are China’s ‘Trump toilets’ a busted flush amid trademark battle?
More than 225 Trump-related products or brands on the mainland likely to go after a construction firm was ordered to drop its use of the US president’s name
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 on the mainland, 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 favour expected this week could signal a shift in fortune for the US 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 US 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 favour, particularly since its courts and bureaucracy reflect the imperatives of the ruling Communist Party.