13.08.2008
Next Round of Danone - Wahaha Trademark Fight
The conflict over the ownership of the Wahaha trademark remains open, after the Hangzhou Intermediate People’s Court ruled in favour of Hangzhou-based Wahaha Group (a joint venture partner of Danone), dismissing Danone’s appeal.
Danone’s spokesman anounced that the company will also appeal the new decision. Wahaha’s spokesman Shan Qining countered with the following message: “As you can see reported everywhere, we own the trademark forever.”
After the decision of the Hangzhou Intermediate People’s Court, Danone critizized that the court had failed to conduct a substantive review of the accurancy and legality of the determination of facts and application of law but had instead limited itself to a merely procedural review.
The present lawsuit is not the only one between the parties: Danone filed a lawsuit against Zong Qinghou (the founder of Wahaha) in Los Angeles, claiming more than $ 100 million in damages. The trouble amongst the joint venture partners originally arose when Wahaha was starting to sell Wahaha-branded drinks, competing directly with their joint venture. Danone argues that according to the JV agreement, the trademark “Wahaha” had to be transferred to the joint venture company.
In addition, the next arbitration hearing between the two Joint Venture partners in Stockholm is scheduled for January 2009.
Keywords for this post:
China, Marken, trademarks
