On April 1, 2021, the Guangdong Higher People’s Court announced the awarding of 30 million RMB (~$4.7 million USD) to Lego on appeal, an increase from the original award of 3 million RMB. Late last year, the Shanghai Higher People’s Court also upheld a 6-year prison term for Lego infringers in a related case for copyright infringement. The Lego manufacturers, using the brand name Lepin (乐拼), include Guangdong Meizhi Zhijiao Technology Co., Ltd. , a related entity, and Shantou Zhilepin …
Category: Trademarks
Bulgari (BVLGARI) Wins at Beijing’s Intellectual Property Court Invalidating Hijacker’s Serpenti Snake Head Trademark
On April 1, 2021, the Beijing Intellectual Property Court announced a ruling in favor of Bulgari over a third party’s trademark registration of Bulgari’s Serpenti snake head design. The Court found that Liu’s registered Chinese trademark 15911982 for a snake head design infringed Bulgari’s copyright in the design, reversing the China National Intellectual Property Administration‘s (CNIPA) earlier ruling. This decision shows one useful approach to challenging trademark squatters and hijackers in China is to use copyright law when a design …
China Announces Special Action Plan to Combat Trademark Squatting
On March 24, 2021, the China National Intellectual Property Administration (CNIPA) issued a Notice announcing the Special Action Plan for Combating Malicious Trademark Squatting (打击商标恶意抢注行为专项行动方案). The goal of the plan is to “promote high-quality intellectual property rights and help create a good environment for innovation and business” explained CNIPA. The plan focuses on combating malicious registration/squatting trademarks for famous or newly famous names, places, events, and marks and identifies 10 prohibited behaviors.
China’s Supreme People’s Court Releases Typical Cases of Punitive Damages in Intellectual Property Infringement
China’s Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights” on March 3, 2021. In order apply the Interpretation consistently and fairly, on March 15, 2021, the Supreme People’s Court released the “Typical cases of applying punitive damages in civil cases of infringement of intellectual property rights” (侵害知识产权民事案件适用惩罚性赔偿典型案例). The Typical Cases contains five trademark infringement cases and one theft of …