Chinese courts continue to butt heads over trademark use for establishing infringement
In September 2024, the China Trademark Association published a list of landmark trademark cases – administrative and judicial – from 1994 to present. The latest case on this list is an administrative penalty decision made by the Shanghai Administration for Market Regulation (SAMR) on a local car-rental company. The SAMR found that this organisation had replaced the rented cars’ original logos with that of Rolls Royce and was advertising them as luxury vehicles to be used for weddings. The administration held that such commercial use constituted trademark infringement as provided by Article 57(7) of the Trademark Law, namely “causing other damage to the registered trademark of others”.
Dec 27 2024
The Protection of Geographical Indications in China
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994 defines Geographical Indications as “ … indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin".
Nov 27 2024
PARIS - DAKAR invalidates copycat mark “MARKMA DAKARA/T”
The Dakar Rally, often referred to simply as “The Dakar,” stands as one of the most gruelling and legendary events in motorsport history. Held annually, the Dakar Rally is known for its extreme challenges and the rugged endurance required of both vehicles and competitors. The Dakar Rally was conceived by French motorcycle racer Thierry Sabine. The inaugural rally, known as the Paris-Dakar Rally, took place in 1978, starting in Paris, France, and ending in Dakar, Senegal.
Nov 26 2024
Design of Hermès’ iconic Birkin and Kelly bags held to constitute “trade dress with a certain influence”
Hermès is a prestigious French luxury fashion house founded in 1937, with ladies’ handbags being one of the best-selling products of the company. The trade dress of the Kelly and Birkin handbags, as the representative designs in the industry, are widely loved by consumers.
Nov 25 2024
DEL MONTE FOODS successfully blocks the registration of a seemingly dissimilar copycat mark (2024)
Del Monte Foods is a leading American food production and distribution company based in California. It is known for its popular brands like Del Monte, S&W, and Contadina. The company was founded in 1886, and the Del Monte brand was officially introduced in 1892. In 1916, the predecessor company, California Packing Corporation, also known as Calpak, which was formed through a merger of four large California canning companies, rebranded itself as Del Monte Corporation. The company began marketing its products under the Del Monte brand and expanded its operations to include canneries in various states and overseas.
Nov 15 2024
DEL MONTE FOODS successfully blocks the registration of a seemingly dissimilar copycat mark
Del Monte Foods is a leading American food production and distribution company based in California. It is known for its popular brands like Del Monte, S&W, and Contadina. The company was founded in 1886, and the Del Monte brand was officially introduced in 1892. In 1916, the predecessor company, California Packing Corporation, also known as Calpak, which was formed through a merger of four large California canning companies, rebranded itself as Del Monte Corporation. The company began marketing its products under the Del Monte brand and expanded its operations to include canneries in various states and overseas.
Nov 06 2024
Heidelberg Materials AG successfully obtains registration of HEIDELBERG MATERIALS
Sept 09 2024
Xiaomi’s voice-activation command prompt awarded protection in precedent-setting trademark dispute
In July 2017, Xiaomi launched a smart speaker with a voice activation command prompt (VACP) called ‘小愛同學(xué)’ (Xiao Ai Tong Xue), which later became the name of its AI-powered voice-interaction product. In August 2017, a Chinese person named Chen Xiong registered 小愛同學(xué) as a trademark. Between then and June 2020, Chen filed for 66 marks in 21 classes and, after obtaining the registration, sent a cease-and-desist letter demanding Xiaomi to cease use of the mark. Chen then began to use the mark on watches and clocks.
June 19 2024
Lacoste v Cartelo: a landmark case clarifying the rules on confusion and co-existence (2024)
The dispute between Lacoste and Cartelo, which has spanned over two decades and involved multiple court cases, has come to a new stage. Lacoste, a globally recognised brand known for its iconic right-facing crocodile logo, found itself embroiled in legal battles with Cartelo, a company that adopted a similar, left-facing crocodile symbol for its products.
May 17 2024
New foreign GI regulations take effect in China, with some contradictions
On 1 February 2024, two regulations issued by the China National IP Administration (CNIPA) on 29 December 2023 will enter into effect. The regulations provide details on the registration, administration and protection of geographical indications (GIs).
Feb 01 2024
Supreme Court awards New Balance Rmb 30 million in damages in dispute with infringer (2024)
On 26 September 2023 the Supreme People's Court of China issued a final judgment finding that Jiangxi Xinbailun Lingpao Sporting Goods Co Ltd and Guangzhou Xinbailun Lingpao Sporting Goods Co Ltd (collectively ‘Lingpao’) had infringed the iconic ‘N’ trademark of New Balance and the trade dress of New Balance Trading (China) Co Ltd, a subsidiary of New Balance, and had thus committed acts of trademark infringement and unfair competition.
Feb 01 2024
INAO triumphs in invalidating copycat trademarks before Beijing IP Court
The Beijing IP Court has held up the China National IP Administration (CNIPA)’s decision to invalidate the marks of a Chinese agricultural company due to it piggybacking on the reputation of a French sign used to certify high-quality products.
Jan 15 2024