(By You Yunting) Recently stock markets have heightened topics about mobile game and serious competition disputes of intellectual property rights (the “IPR”) between China mobile games enterprises are often appeared in the newspapers. According to the reports, Beijing Chukong Inc., the developer of popular “捕鱼达人”(Fishing Joy) mobile games, was engaged in a controversy of IRP because earlier in December the Guangzhou-based SEALY Technology suspected Beijing Chukong Inc.’s “捕鱼达人”(Fishing Joy) of plagiarism on its arcade game product “捕鱼达人”. In response, Beijing Chukong Inc. alleged that: first, the online time of its “捕鱼达人”(Fishing Joy) was earlier than that of SEALY Technology and its mobile game had been reported to the Ministry of Culture. Second, Beijing Chukong Inc. owns the “捕鱼达人”trademark. Third, there are significant differences in art images and playing methods between two products.
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.
As reported, Michael Jordan, the basketball legend, made an announcement through PR Newswire that he’s formally suing Chinese sportswear maker Qiaodan Sports (the “Qiaodan Company”) for using without authorization. To Jordan’s words, what makes him more disappointed is his children’s names are also infringed by the company, and he also added the lawsuit is not about money.
Actually “Qiaodan”, the transliteration in Chinese of Jordan, accompanied with the logo of a basketball man have long been used by the Chinese sportswear maker, and that could not be newly known to Jordan in afraid. However, the lawsuit is filed when Qiaodan Company is preparing its listing; therefore “it’s not about money” might more accurately to be “it’s not ALL about money”.
Highlight: To introduce the laws and regulations concerning the conflict between trademark and company names in China and matters in need of attention regarding foreign companies applying for in trademarks.
Case study: Beijing Baoma (北京宝马), the company of BMW Group’s first agent in mainland China and the first one translated BMW to the current popular Chinese name Baoma (宝马), which means speeding horse and has become a vivid symbol of their vehicles, was demanded to change its name by BMW Group, under the pressure that even more the parties may get litigated against each other.
Highlights: To introduce the brand protection system in China, involving protection on registered trademark, well-known trademark regulated in Trademark Law as well as on noted trademark, famous trademark and top brand provided in local regulations.
According to Chinese media, Lanzhou Administration for Industry & Commerce in Gansu Province of West China launched the first noted trademark selection from August, 2011, and anyone owning registered trademark, whether an individual, corporation or other organizations, may participate in the selection. The report also says the noted trademark system in Lanzhou will be gradually established for more Gansu famous trademarks and China well-known trademarks in the city. Such news shows that more and more attention is being paid to brand construction and intellectual property protection in the relatively less-developed western region of China.