Tag Archives: lawsuit

How to Settle Trademark and Trade Name Conflict in China

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By Albert Chen

For the prior approval on the company name by the administration of industry and commerce as well as the preliminary examination by the trademark authority in China, no material checks on any conflict against first rights would be conducted. And that has resulted in the numerous conflicts between the trade name and trademark. In today’s post, you could see our opinions on the settlement of the conflict.

I. The administrative way

It is feasible to settle the trademark and trade name conflict through administrative way in China. By Opinions on Several Issues concerning the Settlement on the Conflict between Trademark and Trade Name (the “Opinions”) issued by the SAIC (the State Administration of Industry and Commerce), the conflict occurred within a province shall be settled as in charge of the provincial administration of industry and commerce, and those involves different provinces, shall be settled by SAIC.

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Why the Cybercafé could be Exempted from the Liability of Pirate Video Broadcast?

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By You Yunting

In the past few days, a Beijing court published a case (note: the link is in Chinese) involving a cybercafé who has purchased the Video-on-demand (VOD) system, and that made the court refuse the claims of the plaintiff though the right holder proved the piracy in the VOD.

VV8.com Company, a professional video system provider to cybercafé invested by IDG and Disney, detected the pirated TV drama against its copyright in the video system of a cybercafé. And then, the right holder filed a lawsuit against the piracy. The cybercafé afterwards argued that the system was purchased by it from Hero Inc. Company, who is a third party video provider, and in that transaction, both parties has agreed that all the copyright dispute shall be handled by Hero Inc.. Moreover, all the contents in the system are updated and ciphered by Hero Inc. with remote control, thus the cybercafé could not delete any videos in it. In the lawsuits, VV8.com expressed no intention to add Hero Inc. as the co-defendant and make no claim thereby.

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Will JDB Revoke Wang Lao Ji Trademark Arbitration Award through Litigation?

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By You Yunting

In recent, a spat over the established brand Wang Lao Ji, also known as Wong Lo Kat, which is the most valuable herbal tea trademark in China, has occurred. The biggest distributor of the drink in China, JDB group, claimed that it has filed the application to Beijing No. 1 Peoples’ Bank to revoke the adjudication made by the China International Economic and Trade Committee (CIETAC) on the dispute.

The basic facts of the case in the reports: Guangzhou Pharmaceutical Group Co., Ltd. (the “Guangzhou Pharmaceutical’, SZSE: 600332) is the registered owner of the Wang Lao Ji trademark, who signed a trademark license agreement with Hung To Group Co., Ltd. (the “Hung To”, the parent company to JDB), by which Hung To gets the loan of the trademark of 10 years.

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