Shanghai Third Intermediate People’s Court Affirms 3-Year Prison Sentence for Counterfeiting “Bordeaux” Collective Trademark

Posted on Categories Case, Trademarks

On January 4, 2023, the Shanghai Third Intermediate People’s Court announced it affirmed a 3-year prison sentence and 100,000 RMB fine for Wang XX for crime of counterfeiting the registered collective trademark “Bordeaux.”  Yantai Wine Co., Ltd. was also fined 450,000 RMB. The defendants had appealed the original sentencing on the grounds that the wine involved in the case complied with national standards and did not endanger the health rights and interests of consumers and therefore Wang XX should receive …

Shanghai Third Intermediate Court Affirms 5-Year Prison Sentence for Counterfeit Alpenliebe Candy in Criminal Trademark Case

Posted on Categories Case, Trademarks

On December 19, 2022, the Shanghai Third Intermediate Court announced the affirmance of a 5-year prison sentence and 2.2 million RMB fine for Wu XX for for the crime of selling Alpenliebe candy with counterfeit registered trademarks.  Perfetti Van Melle, the maker of the Alpenliebe candy is an  Italian-Dutch multinational company of confectionery and gum and the sixth largest confectionery manufacturer in the world.

Mast-Jägermeister SE Wins 10 Million RMB at Beijing IP Court for Trademark Infringement and Unfair Competition

Posted on Categories Case, Trademarks, Unfair Competition

On December 15, 2022, the Beijing Intellectual Property Court announced that Mast-Jägermeister SE was awarded 10 million RMB, an injunction and apology from Shengluo Company (Qingdao) Wine Co., Ltd. (简称圣罗拉公司), Hefei Puyuan Commerce & Trade Co., Ltd. (合肥葡园商贸有限公司), and Chang XX for trademark infringement and unfair competition.  The defendants manufactured liqueur and used the logos “野格哈古雷斯” (Yege Ha Gu Lei) and “YEGO HUNTER” as well as deer head graphics on labels affixed to the liqueur bottles.

EU Requests Establishment of WTO Panel in Chinese Anti-Suit Injunction Patent Cases

Posted on Categories Case, Patents

On December 7, 2022 the European Union (EU) requested the World Trade Organization (WTO) to establish a panel to examine China’s anti-suit injunctions (ASIs) in patent cases. Chinese courts have issued these injunctions blocking patent holders from enforcing their foreign patent rights outside of China (i.e., in Europe and Japan) with extensive daily fines for violators.  The EU initiated the case on February 18, 2022 by making a Request for Consultations with China.  Those consultations were held with China on …