New Balance Scores Chinese Unfair Competition Victory Against New Barlun

Posted on Categories Case, Trademarks, Unfair Competition

On April 16, 2020, the Shanghai Pudong New District People’s Court ruled for New Balance Trading (China) Co., Ltd. (新百伦贸易(中国)有限公司, hereinafter New Balance) against Niu Ba Lun (China) Co., Ltd. (纽巴伦(中国)有限公司, hereinafter, New Barlun), awarding 10.8 million RMB (about $1.53 million USD) for unfair competition.

Michael Jordan Prevails in Eight-Year Trademark Battle at China’s Supreme People’s Court

Posted on Categories Case, Right of Publicity, Trademarks

In a long-running dispute with Qiaodan Sports Co., Ltd., Michael Jordan recently prevailed at China’s Supreme People’s Court in revoking a trademark for “Qiaodan and Device”  (Qiaodan is the transliteration of Jordan into Chinese).  The China National Intellectual Property Office (CNIPA) must now reexamine the trademark in light of the Court’s ruling.

Shanghai People’s Procuratorate Launches Criminal Prosecution of Lego Block Infringers

Posted on Categories Case, Copyright

On February 26, 2020, the Third Branch of the Shanghai People’s Procuratorate launched a criminal prosecution against Li Moumou (李某某) and nine others for copyright infringement of Lego toys. From September 11, 2017 to April 23, 2019, Li Moumou and others produced and sold 634 types of infringing products with a volume of 4.24 million boxes and generating revenue of more than 300 million yuan (about $42.6 million USD). On April 23, 2019, public security organs seized more than 600,000 …

China’s Supreme Court Rules in Favor of Christian Louboutin’s Red Sole Trademark

Posted on Categories Case, Trademarks

In January 2020, China’s Supreme People’s Court (最高人民法院) ruled in favor of Christian Louboutin for his red sole trademark.  The Supreme People’s Court decision upholds an earlier decision from Beijing Higher People’s Court that ruled even though single color marks are not listed as eligible in Article 8 of the Chinese Trademark, Article 8 does not exclude marks not enumerated in Article 8.  Specifically, Article 8 lists  combinations of colors as eligible for application but does not list a single …