Category Archives: Litigation

Is It Infringing to Show Others’ Trademarks on Exhibitions?

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By Luo Yanjie

Previously, our website introduced issues of trademark and patent in China exhibition: Legal Issues concerning Trademark during the Exhibition in China, Patent Issues for Attention on the Exhibition in China. Recently, a customer told our attorneys that they found a company using their registered trademarks for the promotion on similar goods in an exhibition. The company learned a little Chinese law and they know only Chinese patent law provides that “offer to sell” is infringement. So they ask our advice about that if using other’s registered trademarks constitute trademark infringement?

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How to Decide Infringement When Conflict between Trademark and Trade Name in China?

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By Luo Yanjie

As two different concepts in law, trademark plays the role as to distinguish the origin of the product or services, and the trade name is the literal expression to indicate different companies. But in the daily operation, we may see the confusion between these two concepts, and the trade name may also be used as kind of mark in business. Naturally, we see many companies choose to register their name as the trademark. Despite the similar function of them, the trademark and trade name are verified by different administrations (the mark is subject to the administration of trademark office, and the trade name is ruled by local administration of industry and commerce), but that also triggers the conflict between two objects. In today’s post, we would like to analyze the conflict occurred when trade name registered prior to the trademark by different subjects.

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Calculation to the Illegal Operation Income in Trademark Infringement

By Luo Yanjie

The trademark infringement in China, honestly though reluctant to admit, is very serious. That made the administration and the judicial organ pay more attention to the infringement investigation, and on the other hand, foreign invested companies could also be dragged into the conflict concerning the trademark, like Apple encountered enforcement by local administration for iPad trademark. In such circumstance, the calculation to the illegal income amount shall be important to the infringer, which shall influence their legal liability in direct way.

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Could Selling Parallel Imported iPhone 5 be Trademark Infringement in China?

By Luo Yanjie

In recent, Apply unveiled its new device iPhone 5, and that exited Apple fans around the world. Yet, as sad to Apples fans in mainland China, the region is not among the first launching zones.

Due to the arrangement, the retailer from the grey market is eagerly for their new fortune with the new device launch, and some have even made the preorder for the new iPhone by smuggling the Hongkong sold one to mainland China. Then, in addition to the strike back on taxation, could Apple prohibit such selling through the claim of trademark infringement, while considering all the imported ones are the true Apple phones? Here’re our opinions:

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How to Legally Use Mickey Mouse Brand and FIgure in China?

By You Yunting

About one month before, the IPR Committee of Shanghai Bar Association invited the police officer from the Economic Investigating Squadron of Shanghai Police Department to deliver a speech on the criminal protection over IPR issues. And in the communication after the seminar, the police officer raised a question to the acceded lawyers, “The Shanghai Disney Land will be constructed several years later, and it’s foreseeable that there could be stores selling Mickey Mouse or other figures articles with no license thereby granted around the park. Yet, by then, the copyright protection term on Mickey could be expired, and so what measures could be taken to strike the unlicensed using or selling?”

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What is the Best Solution to Trademark Protection in China

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By Luo Yanjie

Trademark infringement, trademark right protection, trademark application, trademark agency, trademark lawsuit, trademark administrative complaint, trademark custom record, trademark infringing products seal, trademark lawyer, trademark complaint, trademark administrative punishment, trademark infringement claim, trademark lawsuit compensation, trademark law, crime of trademark infringement, crime of trademark counterfeit, crime of sales of fake trademarked products, crime of illegal manufacture & sales of illegally manufactured trademark,

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Trademark Infringement Liability of Real Estate Lessors in China Law

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 By Luo Yanjie

In a recent news report (note: the link is in Chinese), Guang Dong OPPO Mobile Telecommunications Co., Ltd, the holder of trademark OPPO used in mobile phones, filed a lawsuit against a company and the lessor of its store, claiming ceasing the infringement and the compensation. Beijing Fengtai District People’s Court judged the joint liability of infringement of the both the shop and the real estate lessor and shall compensate the plaintiff 10, 000 yuan.

This is a typical trademark dispute arisen by the shop’s infringement and then lead to the liability of the market which is the real estate lessor, and in the similar cases, the market tends to feel being wronged for what it provides is the real estate renting not the conducts or aids in the infringement, yet the court will judge the establishment of the infringement liability. Today, we would like to analyze the liability taking in the similar cases.

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Could Bolt’s Portrait be Used in Trademark?

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By Albert Chen

The fastest man Usain Bolt continued his legend in London Olympics by claiming 3 gold medals, accompany with his record, Bolt’s celebration gesture also impresses the spectators. But in recent, a company from China’s Liaoning Province (the “Liaoning Company”) applied sprinter’s celebration gesture as his trademark.

The trademark applied by Liaoning Company is the combination of a black sportsman in yellow jersey and Bolt’s iconic victory gesture on the left half, and the Chinese character of “Real Hero” on the right side (the “Real Hero trademark”). There are three classes have been applied this time, among which the application in Class 43 has been rejected for others’ first registration, the application in Class 25 was approved and that in Class 28 is facing the opposition from Bolt’s team.

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Apple Finally Gets its iPad Trademark in China

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According to China Trademark Office’s latest ” Announcement of Trademarks “, the iPad trademark, which used to owned by Shenzhen Proview were formally transferred to Apple on July 27, 2012. And by Chinese Trademark Law, Apple could exercise the exclusive right over the trademark from the day.

As we reported last week :

Grandall Law Firm, GH Law Firm, Hejun Vanguard Group and other units providing legal or agency service to Proview applied to Shenzhen Yantian People’s Court in written for freezing of iPad trademark in China on 23 July,2012, also they have submitted the guarantee of RMB 300 million.

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Proview’s Lawyer Applied for Freezing iPad Trademark Transfer

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By You Yunting

We have reported that the iPad trademark battle in China has come to its end, with Apple paid the reconciliation fee of $ 60 million to Shenzhen Proview. But the story seems to not end there, Grandall Law Firm, the attorney of Shenzhen Proview filed a lawsuit to local people’s court on 23rd July demanding the lawyer’s fee of $ 2.4 million.

And as said by the latest news of the case, Grandall Law Firm, GH Law Firm, Hejun Vanguard Group and other units providing legal or agency service to Proview applied to Shenzhen Yantian People’s Court in written for the freezing of iPad trademark in China, also they have submitted the guarantee of RMB 300 million.

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Cartier sues Walmart’s Yihaodian of Trademark Infringement and Non-fair Competition

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—Complementation between Anti-unfair Competition Law and Trademark Law

By Luo Yanjie

Anti-unfair competition law, trademark law, Walmart, Cartier, Yihaodian, yihaodian.com, Yihaodian being charged, Cartier sues Yihaodian, malicious competition in market, unfair-competition infringement, trademark infringement, trademark lawyer, trademark infringement definition, establishment of unfair-competition, legal protection of trademark in unfair competition law, false propaganda, revision of anti-unfair competition law, completion of anti-unfair competition law,

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Qiaodan Sports Cancelled Trademarks Registerred in Jordan Children’s Name

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By Si Weijiang

According to a news report, Qiaodan Sports made an announcement in recent, that it has canceled the trademarks registered matching the Chinese translation of Jordan’s Children’s names. Also it’s mentioned in the statement that, Qiaodan Sports has found many trademarks with Qiaodan （乔丹）contained, therefore for the protection of its brand, so far the company has registered 129 trademarks for the defense strategy. However for the defense purposes, these trademarks have never been used and Qiaodao has no intension to use them in the future. In our opinions, the active cancellation by Qiaodan is a right step on the course for the name of foreign people shall also be protected in China.

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Is It Worth for Apple to Pay $60M for iPad Trademark?

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According to the media report, the Guangdong People’s High Court announced on the 2nd of July that Apple has concluded a mediation agreement with Proview in the iPad battle, which will be finally settled with the trademark transferred to Apple on its payment of $ 60 million. After the news, the settlement amount of $ 60 million offered by Apple has soon been the focus of the public, and in this essay, we would like to discuss has Apple gained a bargain in the settlement?

For Apple, the payment may be less than its value for the following reasons:

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Apple Pays 60 million US Dollars for iPad Trademark in China

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By You Yunting

On the morning of the 2nd of July, the Guangdong People’s High Court announced both Apple and Proview prefer toend the case through mediation in the iPad battle, and both parties have confirmed the final settlement with $ 60 million paid by Apple for the trademark’s ownership in mainland China and thereby signed the agreement of mediation.

By the agreement, Apple shall remit $ 60 million yuan to the appointed account by the court, and meanwhile, on the 28th of June Apple has applied for the enforcement of the above agreement to the Shenzhen Intermediate People’s Court, where the 1st instance of the trial is heard. After the application, the Shenzhen Court sent the State Administration of Commerce and Industry the judicial decision and the notice of enforcement assistance today, by which the iPad trademark shall registered under the name Apple.

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The Latest Progress of iPad Lawsuits

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The two lawsuits concerning the iPad trademarks have both gained the new progress in this month (2012.6)

For the trial between Apple and Proview, as introduced by the spokesman of the Guangdong People’s High Court’s Foreign Affair Office, the case will not be judged in recent for the companies are in the negotiation for the renegotiation with the presiding of the court. By the Civil Procedure Law

“In trying an appealed case against a judgment, the people s court shall make a final judgment within three months after the case was filed as one of second instance. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court.”

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