Well-known trademark

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By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.

dang_zheAt the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
Continue Reading How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?

By Lin Jiuchu and Wang Si  King & Wood Mallesons’ IP Group

Klin_jiuchuey issues: The burden of proof for a well-known trademark may be lowered provided the trademark owner enjoys high fame and the applicant has obvious bad faith.

Salvatore Ferragamo S.P.A. (“Salvatore”) is the trademark owner of “Salvatore Ferragamo” (figurative form: ) and…

By King & Wood Mallesons’ Trademark Group

WeiChai Power Co. Ltd. (“WeiChai Co. Ltd.”) has been using “WeiChai” as their well-known company name and trademark. WeiChai Co. Ltd. filed a complaint at the Domain Name Dispute Resolution Center against SHENZHEN PANGU INVESTMENT GUARANTEE CO. LTD. (later changes its name to GUO ZHONG CO. LTD.) for their registered “weichai.cn.” domain name. On 30 January 2011, the Domain Name Dispute Resolution Center ruled that the domain name should be transferred to WeiChai Co. Ltd. Dissatisfied with the ruling, GUO ZHONG CO. LTD. initiated a civil action before the Beijing First Intermediate People’s Court,
Continue Reading The relation between Domain Name Registration and Trademark infringement