Why Ronghe Shaofang Wine constituted Trademark Infringement to Maotai Wine?

贵州茅台

(By You Yunting)Maotai, a well-known Chinese baijiu (the classic Chinese alcohol made from distilled sorghum that averages an alcohol content from of 53 percent), is made in Maotai Town, Huanren city in Guizhou Province. In Maotai town, there are many liquor factories but only the KWEICHOW MOUTAI CO., LTD (the “MOUTAI”) holds the “贵州茅台酒” trademark (the “disputed trademark”). On account of “Maotai” brand name glamour, such free riders likeother liquor factories’ use of the disputed trademark often happen. We would like to introduce a typical case regarding that Guizhou Ronghe Shaofang Wine Business Limited Company used a same bottle label and packaging with that of Maotai Wine but carries its “荣和”(pronounced “Ronghe” in English)brand in our today’s post. The final binding judgment contained by Beijing No.2 Intermediate People’s Court decided that such act of using the same bottle label and  packaging constituted trademark infringement.

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Why could China’s Courts Decide for Audi’s “TT” to Apply for a Trademark?

TM截图未命名

(By Luo Yanjie) Abstract: as for whether trademarks are similar, many times, it is decided on the subjective cognition of the judge. Furthermore, considering the fact of the distinctiveness of a trademark, whether the “TT” trademark has distinctiveness is still in doubt.

Automobile models are always composed of simple numbers and English letters. Sometimes manufacturers of bestselling cars once hoped to register these simple models as trademarks but all failed (for example, A6, A4, etc.). However, Audi canceled the rules handled down by the Trademark Review and Adjudication Board through administrative litigation processing, thus possibly obtaining trademark registration:

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Could Apple Get Trademark “iWatch” in the Mainland China?

(By You Yunting) The author would first like to apologyze, that as mentioned in the previous post “Why Did Apple Filed the First “iWatch” Trademark In Jamaica?”:

“For the prospect of iWatch application in mainland China… the author would like to stop here, and I will resume the discussion over this issue in tomorrow’s post.”

Yet due to work obligations, the author broke his promise. For the make-up, the author took an early raise this morning to continue his analysis on the issue.  First, the author’s conclusion of the issue is: despite the obstacles of iWatch acquisition, it would not prevent Apple from gaining it.

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How to Determine the Recognition Level of Products in Unfair Competition Disputes in China, II

金莎vs费雷罗

Comments on the unfair competition case between Ferrero and Jinsha

Today, we will share our opinions on the following issues related to the case introduced in yesterday’s post: the scope of name recognition, whether a product’s packaging can refer to the products of others, and protection over product packaging through the use of trademarks.

Lawyer comments:

The interpretations of the judges in the first and second instance courts and the review court help us better understand the following issues involved in unfair competition cases:

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How to Determine the Recognition Level of Products in Unfair Competition Disputes in China, I

金莎vs费雷罗

Comments on the unfair competition case between Ferrero and Jinsha

Today and tomorrow, we will analyze several issues raised by the Ferrero and Jinsha unfair competition
case. Namely: the scope of name recognition, whether a product’s packaging can refer to the products of others, and protection over product packaging through trademark protection. Today, we will briefly introduce the case facts and the opinions held by the deciding courts.

Case summary:

Ferrero Company registered the trademark “FERRERO ROCHER” in China in 1986 and its FERRERO ROCHER chocolate (“Ferrero Chocolate”) entered the Chinese market in 1988. The Ferrero Chocolate packaging has the following features: 1) gold, ball-shaped foil wrapping; 2) the “FERRERO ROCHER” trademark printed as a decoration within an oval on the gold foil; 3) each chocolate wrapped in gold foil is padded with additional brown paper; 4) outer packaging is made of transparent plastic, so that the inner gold-wrapped balls can be seen from the outside; and 5) a red ribbon-like decoration printed on the trademark of the chocolate.

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