Trademark

Recessive Reverse Passing Off in Trademark Infringements

Submitted by Zhong Yi on Thu, 05/07/2009 - 11:04

Author: Zhong Yi, Katherine Liu [ Shanghai Runhe Law Firm ]

1. Case Summary

Court: Intermediate People's Court of One City; Plaintiff: Company A (Proprietor of Trademark Y); Defendant: Company B (Infringer)

Plaintiff alleged: Defendant, Company B, purchased several old mechines of Trademark Y manufactured by Plaintiff, repaired them and sold them without attaching any mark after removing the brands, which impeded the popularity of Plaintiff's trademark from being enlarged, impacted its market shares and infringed its exclusive right of use to Trademark Y. Plaintiff pleaded the Court to adjudicate that Defendant should immediately cease its infringing acts upon Plaintiff's trademark and compensate Plaintiff relevant losses, lawyer fees, expenses for the collection of evidences, case acceptance fee and other litigation costs.

Should It Be Permissible?--Analysis on Parallel Importation of Trademarked Goods in China

Author: Liu Lu (刘璐) ; Source:chinalawinfo.com

Abstract: The propriety of parallel trade is a matter of intense controversial issue in a number of countries and in the world trade organization (WTO). Since intellectual property right is recognized on a territorial basis, each nation has established its own policy covering parallel imports. Countries have a policy of national exhaustion amounting to a government-enforced territorial restriction on international distribution. Original manufacturers retain complete authority to distribute goods and services; In contrast, countries permitting parallel imports are not territorially segmented. This paper aims to analyze whether China, as a developing country, should permit parallel imports in the context of trademarked goods, and seeks to answer this question by paying attention to the diverse approaches taken by other countries in this area. The article concludes in the last section with the suggestion that parallel importation of trademarked goods should be permitted in China with certain exceptions.

Future Prospects of Well-Known Mark’s Anti-Dilution From an International Perspective

Author: Liu Lu (刘璐) ; Source:chinalawinfo.com

Introduction

Why is a brand so important to a company? It is said that the brands COCA-COLA, MICROSOFT, and IBM together have been estimated to be worth over US$180 billion as intellectual property assets. [1] No wonder the brand is arguably regarded as one of a company's greatest assets. Trademarks and brands are intimately linked. Trademarks are "signs" which distinguish goods and services of one producer from other similar producers. They act as a marketing tool and strategic focus used in a wide range of company activities. There is a general perception by consumers that branded goods are of higher quality than non-branded. In this manner, trademarks, particularly well-known marks or famous marks, play a double-edged sword role. On one hand, they allow producers to reap comparatively more benefits from producing better quality produce or providing more satisfying services; On the other hand, consumers purchase well-known mark products or pursuit high quality services in the expectation of enjoying satisfactory experiences with those products or services.

Comparison of Well-Known Mark’s Protection Between the United States and China

Author: Liu Lu (刘璐) ; Source:chinalawinfo.com

Abstract: Nowadays, well-known marks themselves have become valuable business assets in the international trading world. The United States and China, as the most developed country and the largest developing country, they have highly different legal systems to protect well-known marks. By concrete comparison and in-depth analysis on their respective laws and judicial practices, it mirrors that there are diverse complicated factors influencing and directing well-known mark’s protection. And this article summarizes that it is likely to see significant strengthening of well-known mark’s protection in China, from which the United States and China would both benefit in the context of their mutual trading.

Key word: well-known mark, comparison, traditional culture, Confucianism, individual rights, public interests