10.09.2008
Posted in Trademarks, China at 8:35 am by TMSJ
Shopping in Shanghai will be different starting from October: the Shanghai Intellectual Property Administration will start a project to fight against counterfeits. 100 stores have been selected to be part of the pilot project, among them 30 stores in Shanghai’s Luwan District. The stores will put up a “zheng” signboard (Chinese character for “real”), promising that no counterfeits are sold in the respective store. It is planned to spread the project to all retailers in Shanghai step by step.
The logo is valid for one year. After this period the store has to re-apply for a new signboard. If the store is caught selling counterfeit goods, the signboard will be removed immediately.
Originally, the project started in Hong Kong 10 years ago.
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13.08.2008
Posted in Trademarks, Courts and Cases, China at 8:42 am by TMSJ
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.
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28.07.2008
Posted in Trademarks, Courts and Cases, China, Japan at 10:45 am by TMSJ
After the Department of Industry and Commerce of the Zhuhai Province had confiscated a huge number of fake NEC products (mainly keyboards) in November 2006, the Japanese IT company NEC (Nippon Electric Company Ltd.) sued four Chinese companies for infringment of NEC`s trademark, which has been registered in the People’s Republic of China since 1979. NEC saw its reputation damaged by the infringement.
The Beijing Intermediate People’s Court ordered the defendants Zhuhai Yuehua Electronics Company, Zhuhai Yuehua Technology Development Company, Shenzhen Jinjijia Electronic Industry Company and Beijing Shiji Yuehua Technology Development Center to refrain from manufacturing and selling its infringing products. In addition, the four defendants have to indemnify NEC to the amount of 1.15 million yuan (about € 105,700) in damages. The court determined one million yuan to be actual damages for NEC’s lost profits and 150,000 yuan for attorneys’ fees and expenses. Originally, NEC had asked for a total of 1.5 million yuan in compensation.
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07.07.2008
Posted in Trademarks, Courts and Cases, China, Japan at 11:44 am by TMSJ
Japanese cosmetics maker Shiseido Co., Ltd. announced that it has sued Chinese companies in China for alleged trademark infringement and unfair competition. The Shanghai Second Intermediate People’s Court accepted two cases initiated by Shiseido against Shanghai Jingdian Cosmetics Co. Ltd., Shanghai Roumey Bio-Technology Co. Ltd., Shanghai Xiaoxian Meiye Bio-Technology Co. Ltd. and their founders, Li Wei and Ma Yan.
Shiseido owns the Chinese trademarks “SHISEIDO” and 资生堂 (Zishengtang), while the defendants have been using the marks “Shidoas” and 资生堂雅姿 (Zishengtangyazi) on their cosmetics products.
Ma Yan also registered a company in Hong Kong with the trade name “资生堂雅姿” (Zishengtangyazi).
In Shiseido’s view, the trademarks which are used by the defendant parties are confusingly similar to Shiseido’s trademarks registered in China. The use of 资生堂 (Shiseido or – Chinese – Zishengtang) in the trade name of the Hong Kong company might confuse consumers as to the origin of the goods.
Shiseido requested the five defendants to stop the infringement, publish an apology in newspapers and pay 1.89 million yuan (about 172,440 EUR) in compensation.
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08.05.2008
Posted in Trademarks, China, Japan at 18:13 pm by TMSJ
Apparently, the conflict around the planned registration of the trademark AOMORI in China was not an isolated case: According to information gained by the Peking office of JETRO (Japan External Trade Organization), several Chinese and Taiwanese companies have submitted applications to register Japanese regional brand names as trademarks such as the famous Matsusaka-ushi beef and Naruto Kintoki sweet potatos.
An official of the Beijing JETRO office recommended that owners of Japanese regional brands should consider further steps to protect their brands in China.
Recently, the prefectural government of Kagoshima filed a complaint against a Chinese firm that had registered the name Kagoshima as its trademark in China.
According to the Beijing JETRO official, as of the end of the year 2007, Chinese or Taiwanese firms had registered 36 of Japan’s 47 prefectural names as trademarks, with the name Kyoto being the most popular name (93 registrations).
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