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 …

80 Million RMB Awarded in China Melamine Patent Litigation

Posted on Categories Case, Patents

Shandong Hualu Hengsheng Chemical Co., Ltd. announced in a filing with the Shanghai Stock Exchange that they recently lost a patent infringement lawsuit and the Guangdong Higher People’s Court awarded 80 million RMB (~$11.4 million USD) to the plaintiff Sichuan Jinxiang Serui Chemical Co., Ltd.  An injunction was also awarded.  The patents at suit, ZL201110108644.9 and ZL201010216437.0, cover methods of manufacturing melamine and equipment in the use of manufacturing melamine.  China is the world’s largest manufacturer of melamine, which is …

Jiangsu Punishes Chinese Patent Agency for Patent Subject Matter Conflict

Posted on Categories Case, Patents

In a decision dated July 9, 2020, the Intellectual Property Office of Jiangsu Province, China, punished a patent agency, Zhishi Law Firm ( 南京知识律师事务所), for a patent subject matter conflict with a public warning.  A subject matter conflict can be defined as the simultaneous representation of clients competing for patents in the same technology area for the same or similar inventions.