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New
- New Balance Trading (China) Co., Ltd. v. New Bunren (China) Sporting Goods Co., Ltd. et al
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This is the first case that the court actively explores the application of prior well-known commodity-specific decoration rights (decorations with certain influence) and trademark rights.
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New
- Applicable circumstances for postponement of examinations of administrative trademark cases
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This article mainly introduces and discusses the specific types of cases that can be postponed in trademark administrative cases and the circumstances of the application of postponement. In the above-mentioned procedures and other procedures, there are also some other causes for postponement, such as requesting for the postponement of examination of review cases of refusal based on a consent.
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New
- Ownership of trademark rights of informal appellations
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The analysis of this paper shows that there are two main factors that affect the ownership of trademark rights of informal appellation: one is whether the holder of formal trademark has subjective intention and objective behavior to use informal appellation, and the other is whether the use of informal appellation by others will lead to confusion and misunderstanding or damage the legitimate rights and interests of the holder of formal trademark.
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- Liability determination of trademark infringement before invalidation of trademark declared
- The special feature of this case is that the trademark was still legally in existence when the accused trademark was used by Nanchangxin Company, but was later cancelled (invalid).
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- The Status of Likelihood of Confusion Standard in the Determination of Trademark Infringement
- The likelihood of confusion is the core and fundamental of trademark infringement determination.
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- People's Procuratorate of Zhenjiang Economic and Technological Development Zone v. Zhenjiang Huaye Automotive Products Co., L
- This case is one related to the COVID-19 pandemic. The court comprehensively took into consideration the circumstances, nature and harmful consequences of the offense and crime of each defendant.
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- China's top 25 trademark cases of 2020: Pudong New Area People's Procuratorate of Shanghai v. Fang * et al.
- This case involved the
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- ANDREAS STIHL AG & CO. KG v. Ningbo Moumou Saw Chains Technology Co., Ltd. et al.
- In the context of strict protection of intellectual property rights, it is conducive to strengthening the punishment of infringers and obtaining timely economic compensations for right holder.
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- Wuhan Jianghan District Laowancheng Trading Co., Ltd. v. Wuhan Municipal Administration for Market Regulation et al.
- Administrative complaints may form an administrative legal relationship, which should be highly concerned by the administrative authorities.
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New
- China's top 25 trademark cases of 2020: Mascotte Holdings, Inc. v. CNIPA
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This case not only involves the protection of the name right of Mr. Kanye West, a well-known American figure, but also the protection of signs in the new business model of joint-branded products.
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- China's top 25 trademark cases of 2020: World Trade Centers Association, Inc. v. Dongsen Holding Group Co., Ltd. et al.
- The people's court has protected the legitimate rights and interests of the Chinese and foreign right holders on an equal basis according to law and fully supported the right holder's claims.
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New
- China's top 25 trademark cases of 2020: Mary Kay Inc. v. Ma **
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This case is a new type of trademark infringement and unfair competition, because the direct selling enterprises are under great impact from the development of e-commerce platform.
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- China's top 25 trademark cases of 2020: Wyeth, LLC et al v. Guangzhou Wyeth Baby Maternal and Infant Product Co., Ltd. et al
- The case clarifies the applicable conditions of punitive damages and the calculation rules of the compensation base and multiples, and severely crack down on infringements.
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- China's top 25 trademark cases of 2020: Budweiser China Sales Co., Ltd. v. Jiangxi Lanse Rouqing Beer Co., Ltd et al.
- The judgment of this case has clarified the boundary between trademark infringement act and unfair competition act.
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- China's top 25 trademark cases of 2020: BRITA GMBG et al. v. Shanghai Kangdian Industrial Co., Ltd.
- Trademark owners should follow the principle of good faith and business ethics, and exercise their rights within the scope stipulated by the law.
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- China's top 25 trademark cases of 2020: Luxottica Group SpA v. Shenzhen Aisimo Trading Co., Ltd.
- The act of authorized distributor mixing the genuine and false goods has increased the difficulty for consumers to distinguish genuine goods.
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New
- Vivo Mobile Communications Co., Ltd. v. Shenzhen Youpintong Electronic Technology Co., Ltd. et al.
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This is the first case in Shenzhen in which punitive damages for trademark rights were applied.
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- Michael Kors (Switzerland) International GmbH v. Shanghai Yiteng Brand Management Co., Ltd. Dongguan Guomaocheng Branch et al
- The rapid development of "parallel import" stores has brought consumers more choices but also increases the risk of intellectual property infringement.
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New
- China's top 25 trademark cases of 2020: Louis Vuitton Malletier v. Guangzhou Ruiwang Leatherware Co., Ltd. et al.
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This case is a typical case involving both the right conflict of commercial marks and the protection of well-known trademarks.
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- China's top 25 trademark cases of 2020: Southcorp Brands Pty Ltd. v. Huaian City Huaxia Manor Brewing Co., Ltd. et al.
- The judgment in this case timely and effectively stopped the squatting and embezzlement of unregistered well-known trademarks.
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New
- China's top 25 trademark cases of 2020: Anheuser-Busch InBev Brewing Group China v. Xiamen Gulong Import & Export Co., Ltd.
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China’s laws do not require that foreign trademarks must be translated into Chinese when parallel imported goods are sold.
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New
- China's top 25 trademark cases of 2020: SAIC Volkswagen Automotive Co., Ltd. v. Shen XX et al.
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Regarding the amount of civil compensation, the amount of civil compensation cannot be simply based on the amount of crime.
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New
- China's top 25 trademark cases of 2020:American "Levis" brand jeans and clothing operator v. Company B et al.
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This case is China's first foreign-related IP dispute case in which an overseas dispute resolution institution participates and which is successfully settled through mediation.
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New
- China's top 25 trademark cases of 2020: Paula's Choice, LLC v. Chongqing Kaimenhong Trading Co., Ltd.
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The registrant who abuses its right and causes economic losses to the prior user after trademark squatting shall bear civil liability for loss compensation according to law.
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New
- China's top 25 trademark cases of 2020: Red Bull Vitamin Drink Co., Ltd. v. T.C. Pharmaceutical Industries Co., Ltd.
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The fundamental difference between trademark assignment and trademark licensing lies in whether the ownership of the registered trademark is changed.
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New
- China’s top 25 trademark cases of 2020: Shanghai Weitong Trading Co., Ltd. v. Taokaenoi Food & Marketing Public Company Limit
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Thai company Taokaenoi Food & Marketing Public Company Limited (“Taokaenoi”) registered the Tao Kae Noi (literally, Little Boss in English) trademark in relation to ‘crispy seaweed’ in Class 29 with t
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New
- China’s top 25 trademark cases of 2020: He v. Beijing XinBang Daikokuya Trading Corporation, Ltd.
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Daikokuya Holdings Co., Ltd. is a Japan-based company mainly engaged in the manufacture and sale of electrical appliances, as well as pawn shops, secondhand stores, and other businesses.
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New
- China's top 25 trademark cases of 2020: Shenzhen Tencent Computer Systems Co., Ltd. v. Shanghai Kingnet Technology Co., Ltd.,
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Tencent filed a lawsuit against Kingnet, Lenovo, and Shenqi with the Haidian District People’s Court of Beijing city alleging that the DNL logo was deceptively similar to the DNF logo and used on a si
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