administrative litigation

By King & Wood’s Trademark Group

Dissatisfied with the trademark registration of "BRITNEY 布兰妮 (BRITNEY in Chinese)" by a third party in China, the famous star singer Britney Spears filed suit against the China Trademark Review and Adjudication Board (TRAB) before the Beijing First Intermediate People’s Court, requesting the Court to rescind the TRAB’s decision on maintaining the registration of the mark "布兰妮BRITNEY".

The third party, Shenzhen Wanfuda Trading Co., Ltd. ("Wanfuda") filed an application for registration of the mark "BRITNEY 布兰妮 (BRITNEY in Chinese)" in August of 2001. The mark was granted registration on "clocks; watches; etc." in class 14 on January 28, 2004 by the China Trademark Office (CTMO) under Reg. No. 2010626. Ms. Spears filed an application for cancellation against the said mark with the TRAB on October 8, 2005 based on her name rights. After examination, the TRAB maintained the registration of the disputed mark. Ms. Spears was dissatisfied with the TRAB’s decision and therefore filed suit with the Court against the TRAB’s decision.

Continue Reading Dispute of Name Rights: Pop Singer Britney Spears Sues TRAB




Continue Reading 姓名权之争:”小甜甜”布兰妮状告中国商评委

By Susan Ning and Huang Jing

On 7 September 2011, the Shanxi Combined Transportation Group Company (SCTG) filed an administrative law suit with the Taiyuan Xinghualing District People’s Court against the Taiyuan Bureau of Railways (the "SCTG Case"). On 15 September 2011, the Taiyuan Xinghualing District People’s Court accepted the SCTG Case.

SCTG alleged that it had submitted two applications to the Taiyuan Bureau of Railways for establishing new railway ticket agent stores on 25 January 2011; but Taiyuan Bureau of Railways did not respond to such applications.  According to SCTG, Taiyuan Bureau of Railways’ conduct was a violation of the Anti-monopoly Law (AML), and constituted administrative omission.   Thus SCTG filed the administrative lawsuit.

Continue Reading Taiyuan Bureau of Railways Sued for Antitrust Violation