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Trademarks › Trademark Infringement › China

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Dorsey & Whitney LLP

Labubu and La-No-No: Navigating Trade Dress in Plush Toys

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Most companies would love to have their product become a viral sensation, but in the age of viral media and “internet dupes,” companies are forced to fire on all cylinders to successfully secure and defend the intellectual...more

Hogan Lovells

China: New guidelines harmonizing the calculation of illegal business turnover in administrative trademark infringement cases

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The Guidelines’ clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand...more

Mayer Brown

Chinese IP Agency Sanctioned for Acting for Trademark Hijackers

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Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023

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Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Dorsey & Whitney LLP

How Far Can Injunctions Go? Part I: The Extraterritorial Reach of Trademark Injunctions from Hong Kong to China

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Foreign brand owners whose brands are being infringed in other countries may have an avenue to pursue extraterritorial injunctions. In this two part post, we examine how two courts: one in Hong Kong and the other in the U.S....more

Perkins Coie

Punitive Damages for Trademark Infringements in China - Developments and Best Practices

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China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in...more

Fox Rothschild LLP

The Trademark Modernization Act Of 2020 Is Enacted

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Trademark Modernization Act of 2020 Signed Into Law- On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law. The Act makes substantive...more

Dorsey & Whitney LLP

CNIPA Issues Systematic Guidelines for Determination of Trademark Infringement in Administrative Enforcement Actions

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An administrative enforcement action is one of the ways to enforce registered trademark rights in China against infringers, especially counterfeiters. Such enforcement actions are conducted by the Administration of Market...more

Dorsey & Whitney LLP

Protecting Famous Names in China – Michael Jordan and His Eight-Year Trademark Battle in China

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On March 26, 2020, the Chinese Supreme People’s Court (the “SPC”), the highest court in China and thus China’s equivalent to the United States Supreme Court, issued its re-trial decision, giving Michael Jordan an assist...more

Hogan Lovells

Dust unsettled? China's Supreme Court refines OEM jurisprudence in ground-breaking Honda judgment.

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The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Dorsey & Whitney LLP

Effective November 1: Amendment of PRC Trademark Law Aims to Combat Bad Faith Applications

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On April 23, 2019, the Standing Committee of the National People’s Congress of the People’s Republic of China promulgated the fourth revision of the Trademark Law of the People’s Republic of China which will come into effect...more

Ladas & Parry LLP

China Publishes New Regulations To Clarify Parts Of The New Trademark Laws Which Go Into Effect On December 1st

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On October 16, 2019, the China State Administration for Market Regulation released new interim regulations in relation to normalizing trademark application behaviors, which in part define and address the “malicious trademark...more

BakerHostetler

China: New Trademark Law Will Come Into Effect on Nov. 1, 2019

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On April 23, the Thirteenth Standing Committee of the National People’s Congress passed the fourth amendment to the Trademark Law of China. The new trademark law will come into effect Nov. 1, 2019. ...more

Ladas & Parry LLP

Amendments To China Trademark Law

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On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights...more

Hogan Lovells

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

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On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more

Perkins Coie

China’s National Legislature Advances Changes to Trademark Law

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The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC...more

Knobbe Martens

Which Supreme Will Reign Supreme: "Legal Counterfeits" in China

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Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which operates under the...more

Hogan Lovells

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

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Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more

Hogan Lovells

China Trademarks: 2018 Highlights & 2019 Forecast

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Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more

Burr & Forman

Southern District of New York Enjoins AlibabaCoin from Using Alibaba Trademark

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On October 22, 2018, the United States District Court for the Southern District of New York granted Chinese e-commerce company Alibaba’s application for a preliminary injunction against cryptocurrency startup Alibabacoin...more

Hogan Lovells

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

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According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Hogan Lovells

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

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In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

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China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

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