by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …
Category: Trademarks
USPTO Threatens Sanctions Against Chinese IP Firm For Providing False Information in Over 8,000 U.S. Trademark Applications
Update: The USPTO has extended the deadline for Huanyee to respond to July 6, 2021. Once the parties respond to the order, the USPTO will determine whether to proceed with the sanctions identified in the order. The response, if any, may provide additional explanation or evidence that was not available to the USPTO when the initial investigation was made, and therefore, the show cause order should not be read as a final determination. On June 8, 2021, the United States …
L’Occitane’s 9 Million RMB Award for Trademark Infringement in China Affirmed on Appeal
On June 7, 2021, the Zhejiang Higher People’s Court announced it has affirmed an award of 9 Million RMB ($1.4 Million USD) and an injunction to L’Occitane for trademark infringement and unfair competition. L’Occitane had earlier sued Zhejiang Junda Biotechnology Development Co., Ltd. (浙江君大生物科技发展有限公司) and Guangzhou Ailian Cosmetics Co., Ltd. (广州市爱莲化妆品有限公司) for the sale of Andorheal Fragrance Body Lotion in a bottle similar to L’Occitane’s Cherry Blossom Shimmered Lotion as well as the use of L’Occitane’s cherry blossom trademark.
China’s Supreme People’s Court Clarifies That Defendant May Be Entitled to Attorney Fees and Expenses in IP Litigation
On June 3, 2021 and effective the same day, the Supreme People’s Court (SPC) issued the “Approval of the Supreme People’s Court on the Issue of the Defendant’s Request for Compensation for Reasonable Expenses in Intellectual Property Infringement Lawsuits on the Grounds of the Plaintiff’s Abuse of Rights” (最高人民法院关于知识产权侵权诉讼中被告以原告滥用权利为由请求赔偿合理开支问题的批复). The Approval is in response to a request for instructions from the Shanghai Higher People’s Court for a defendant’s request for compensation and allows for compensation in intellectual property infringement lawsuits …