On March 4, 2021, the Shanghai High People’s Court announced a ruling in favor of the Italian fashion brand Fendi Co., Ltd., which was established in 1925 and later acquired by LVMH Group. Fendi had sued Pioneer Capital Outlets (Kunshan) Commercial Development Co., Ltd. (首创奥特莱斯（昆山）商业开发有限公司) and Shanghai Yilang International Trade Co., Ltd. (上海益朗国际贸易有限公司) for trademark infringement and unfair competition over the use of the Fendi name on storefronts and marketing material. Despite only reselling authentic Fendi products, the Court found …
Category: Case
The Intellectual Property Tribunal of China’s Supreme People’s Court Released Top 10 Cases of Technical Intellectual Property Rights in 2020
On February 26, 2021, the Intellectual Property Tribunal of the Supreme People’s Court released a list of top 10 cases of technical intellectual property rights for 2020 that the tribunal ruled on. The list covers anti-suit injunctions, trade secret theft, punitive damages, software copyright infringement, utility model infringement, invention patent invalidation, dueling administrative and civil enforcement appeals of patents, integrated circuit layout design infringement, affirmative injunctions and antitrust.
China’s Supreme People’s Court Awards 159 Million RMB Compensation in Vanillin Trade Secret Case
The Supreme People’s Court announced a verdict on February 26, 2021 against Wanglong Group Co., Ltd. awarding Jiaxing Zhonghua Chemical Co., Ltd. (嘉兴市中华化工有限责任公司) and Shanghai Xinchen New Technology Co., Ltd. (上海欣晨新技术有限公司) 159 million RMB (~$24.5 million USD) in trade secret case relating to the manufacture of vanillin, a food flavoring. This is the largest ever trade secret theft award reported in China.
New Balance Fails to Invalidate Chinese New Balance Trademark at Beijing Higher People’s Court
In a decision dated February 9, 2021 and first reported by 知识产权界, New Balance has failed on appeal to invalidate a Chinese trademark that is a transliteration of its name. Specifically, New Balance had attempted to invalidate the mark 新百伦 (4100879 in class 25) to Guangzhou New Balance Enterprise Management Co., Ltd. (广州新百伦企业管理有限公司) first at the former Trademark Office of the State Administration for Industry and Commerce (now China National Intellectual Property Administration (CNIPA)), then at the Beijing Intellectual Property Court, …