prior copyright infringement

By Yang Hua  Wang Fang  King&Wood Mallesons’ Intellectual Property Group

untitledWhat should we concern: prior copyright shall be regarded as a prior right being protected in China; a registered mark, which is substantively similar to the other’s prior copyrighted work, shall be announced invalid on the basis of copyright infringement.

“THE ADVENTURES OF TINTIN” (French: “LES ADVENTURES DE TINTIN”) is a world famous series of comic albums created by the Belgian cartoonist HERGE. After HERGE passing away, all the rights in association with this work have been assigned to and managed by Moulinsart which was established under the HERGE Foundation.  Since “THE ADVENTURES OF TINTIN” entered into China in 1988, this series work has gained immense popularity among the Chinese readers.  In China, Moulinsart has applied for and registered several marks for “TINTIN” and “TINTIN & Device” (drawing of this mark is listed below) in respect of various goods and services in classes 9, 16, 25, 28 and 41. The images of the boy and the dog with the bone as shown in the “TINTIN & Device” mark are the leading character “TINTIN” and his friend “Snowy” in the “THE ADVENTURES OF TINTIN”.
Continue Reading Registered trademark invalid based on prior copyright infringement