China’s Supreme People’s Court Releases Draft Provisions of Evidence in Intellectual Property Litigation

Posted on Categories New Law, Rule or Implementing Regulation

In mid-June, the Supreme People’s Court released a draft of Certain Rules of Evidence in Intellectual Property Litigation (关于知识产权民事诉讼证据的若干规定(征求意见稿)) for comment.  The draft contains 53 articles covering evidence production by the litigants; investigation, collection and preservation of evidence; exchange of evidence and cross examination; and verification and affirmation of evidence.

Beijing Intellectual Property Court Affirms Invalidation of Van Cleef & Arpels’ Chinese 3D Jewelry Trademark

Posted on Categories Case, Trademarks

On July 20, 2020, the Beijing Intellectual Property Court announced it affirmed an earlier ruling by the Trademark Office of the China National Intellectual Property Office invalidating Van Cleef & Arpels‘ (VCA) three-dimensional trademark for a four leaf clover design used in their Alhambra line of jewelry. The Trademark Office originally approved VCA’s three-dimensional trademark in January 2016 for 14 jewelry-related goods/services including  gemstones; necklaces, etc. In April 2018, a third-party, Bi Mou , filed a request for invalidation of …

Beijing Higher People’s Court Affirms Cancellation of Shanghai Qualcomm Semiconductor’s Trademark

Posted on Categories Case, Trademarks

In a decision dated July 14, 2020, the Beijing Higher People’s Court affirmed the cancellation of Shanghai Qualcomm Semiconductor Co., Ltd.’s (上海高通半导体有限公司) trademark 4305050 for “高通” (Gao Tong, the name of Qualcomm in Chinese). This trademark is one of four subject to civil litigation by Shanghai Qualcomm against U.S. Qualcomm. In April 2014, Shanghai Qualcomm initiated a trademark infringement and unfair competition lawsuit against Qualcomm in the Shanghai High People’s Court, claiming that Qualcomm infringed its trademark rights, and requested …

Under Armour Defeats Uncle Martian at China’s Supreme People’s Court in Trademark Battle

Posted on Categories Case, Trademarks

In a decision dated July 17, 2020, China’s Supreme People’s Court ruled for Under Armour, Inc. against Fujian Tingfeilong Sporting Goods Co., Ltd. (福建省廷飞龙体育用品有限公司) for trademark infringement and unfair competition. Under Armour was founded in 1996 and as of 2018 had almost $5 billion USD in annual revenue selling sportswear, such as clothing and running shoes.  In contrast, Tingfeilong launched the brand “Uncle Martian” in 2016 in China also in the sportswear field. As can be seen below, the Uncle …