Shell Awarded 5.5 Million RMB in Chinese Trademark Infringement Case

Posted on Categories Case, Trademarks

On January 21, 2021, the Beijing Intellectual Property Court announced the awarding of 5.5 Million RMB (~$851 thousand USD) in damages and expenses to Shell International and Shell China for trademark infringement regarding automobile lubricants. The Court also awarded an injunction against the 5 defendants:  corporations North Shell Company (北壳公司), Jianchi Company (剑驰公司) , Annaichi Company (安耐驰公司), and persons Wang and Song.

U.S. Trade Representative Names 5 Chinese Online Markets in 2020 Review of Notorious Markets for Counterfeiting and Piracy

Posted on Categories Copyright, Trademarks

The United States Trade Representative (USTR) released their annual Review of Notorious Markets for Counterfeiting and Piracy for 2020 on January 14, 2021 and included five mainland Chinese online markets in the online market section of the list.  Markets on the list are reported to engage in or facilitate substantial trademark counterfeiting and copyright piracy.  There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and counterfeiting.  …

USPTO Releases Report on Distortions Caused by Chinese Monetary Incentives for U.S. Filings

Posted on Categories Patents, Trademarks

On January 13, 2021, the United States Patent & Trademark Office (USPTO) released a report entitled Trademarks and patents in China: The impact of non-market factors on filing trends and IP systems.  The report covers patent and trademark filing trends in China and the United States and the non-markets factors (i.e., money) behind the filing trends.  For example, China has reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and registrations. Further, all …

Wyeth Wins 30.55 Million RMB in Chinese Trademark Infringement Case with Punitive Damages

Posted on Categories Case, Trademarks

Wyeth LLC (“U.S. Wyeth”) , a global leader in infant milk powder, sued Guangzhou Wyeth Baby Maternal and Infant Products Co., Ltd. (广州惠氏宝贝母婴用品有限公司) (“Guangzhou Wyeth”) for trademark infringement and unfair competition in Hangzhou Intermediate Court and was awarded 30.55 Million RMB (~$4.7 million USD) in damages per a decision released January 6, 2021. Guangzhou Wyeth must also stop using Wyeth and 惠氏 (a transliteration of Wyeth) in production and sales of products for infant bathing, skin care, feeding, laundry, diapers, …