China’s Black People’s Toothpaste (Darlie) to be Renamed HYMULA?

Posted on Categories Trademarks

In response to Black Lives Matters, Colgate Palmolive announced in June 2020 the rebranding of its controversial Chinese toothpaste 黑人牙膏 (Black People’s Toothpaste), also known as Darlie (previously Darkie) in English.  Darlie is one of the top-selling toothpaste brands in China with a 17% market share.  Perhaps recognizing the irreparability of the brand, it appears that Colgate, and its affiliate 好维股份有限公司 (Hawley and Hazel (BVI) Co. Ltd.), may be going for a complete rebrand (instead of a tweaking) based on …

China’s Patent Office Invalidates Chinese Shoe Design Patent Using the ASICS Stripes Trademark

Posted on Categories Case, Design Patent, Trademarks

As first reported by 汇知杰, the Reexamination and Invalidation Department of the China National Intellectual Property Office (PRB) has invalidated a Chinese design patent for an athletic shoe that uses ASICS Corporation’s  trademarked stripes logo.  Competitor Qiaodan Sports Co. Ltd. (notorious for using Michael Jordan’s Chinese name as their company name and in trademarks, etc.) filed design patent application 201430367626.7 on September 29, 2014, which was granted on April 8, 2015.  ASICS filed a petition to invalidate the patent on …

China’s Shanghai Pudong Court Sentences Dyson Trademark Counterfeiters to Prison

Posted on Categories Case, Trademarks

The People’s Court of Shanghai Pudong announced on July 28, 2020 guilty verdicts for the crime of counterfeiting registered trademarks for four defendants: Fang, Xie, Yang, and Huang.  The four are the principal offenders and key defendants of a series of counterfeiting cases of Dyson hair dryers. The court sentenced the principal offender Fang to six years imprisonment and fined him RMB 5 million (~$712,200 USD) for the crime of counterfeiting registered trademarks. The Court also sentenced the principal offender …

Beijing Intellectual Property Court Affirms Invalidation of Van Cleef & Arpels’ Chinese 3D Jewelry Trademark

Posted on Categories Case, Trademarks

On July 20, 2020, the Beijing Intellectual Property Court announced it affirmed an earlier ruling by the Trademark Office of the China National Intellectual Property Office invalidating Van Cleef & Arpels‘ (VCA) three-dimensional trademark for a four leaf clover design used in their Alhambra line of jewelry. The Trademark Office originally approved VCA’s three-dimensional trademark in January 2016 for 14 jewelry-related goods/services including  gemstones; necklaces, etc. In April 2018, a third-party, Bi Mou , filed a request for invalidation of …