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
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 …
Accusation of Chinese Patent Infringement Leads to Slander Lawsuit Victory
In what can only be considered a really bad business decision, before the filing of a patent infringement lawsuit, Zhejiang KoBach Kitchenware Co., Ltd. (跳转至浙江巴赫厨具有限公司) accused Zhejiang Supor Co., Ltd. (浙江苏泊尔股份有限公司) of patent infringement in a full page advertisement in the Yangcheng Evening News on October 21, 2019. In response, on November 21, 2019, Supor filed a lawsuit accusing KoBach of commercial slander. On January 5, 2021, the Hangzhou Intermediate Court released a decision (dated December 14, 2020) ruling in …
Wyeth Wins 30.55 Million RMB in Chinese Trademark Infringement Case with Punitive Damages
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, …