New Balance Fails to Invalidate Chinese New Balance Trademark at Beijing Higher People’s Court

Posted on Categories Case, Trademarks

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, …

Burberry Wins Preliminary Injunction Against Baneberry at Suzhou, China’s Intermediate People’s Court for Trademark Infringement

Posted on Categories Case, Trademarks

On February 19, 2021, the Suzhou Intermediate People’s Court announced it had awarded a preliminary injunction to Burberry against Xinboli Trading (Shanghai) Co., Ltd. (新帛利商贸(上海)有限公司), owner of Chinese brand Baneberry, for trademark infringement. Burberry is an iconic British fashion brand founded in 1856 while Baneberry is a fast-growing Chinese brand with 40 physical stores opened in China in the last year and a half.

Colgate-Palmolive Not Rebranding China’s Darlie/Black Person’s Toothpaste Based on Recent Trademark Filings?

Posted on Categories Trademarks

In June 2020, in light of the Black Lives Matter movement, Colgate Palmolive announced they would consider rebranding (“evolve”) Darlie (previously Darkie) toothpaste which is known in Chinese as 黑人牙膏 (Black Person’s Toothpaste).  The rebranding looked liked it was going ahead based on Chinese trademark filings made by Colgate affiliate 好维股份有限公司 (Hawley and Hazel (BVI) Co. Ltd.) in June 2020 for 卫觉公式 and HYMULA.  However, since then Hawley has continued to file marks for Black Person and variants that many …

China’s Supreme People’s Procuratorate Issues 26th Batch of Guiding Cases for Intellectual Property

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

On February 8, 2021, China’s Supreme People’s Procuratorate issued the 26th batch of guiding cases covering intellectual property.  This batch covers 5 cases including criminal trademark, copyright and trade secret law.  Foreign victims included Starbucks, Cisco, and HP in 2 of the 5 cases. A brief summary of the cases follow.  The full text is available here (in Chinese only).