Toyota v.Geely/Merrier:Infringement of Device Trademark and Unfair Competition

The Case in BriefThe plaintiff, the Toyota Corporation (Toyota) instituted, on January 2 2003, legal proceedings in the Beijing No.2 Intermediate People's Court, accusing the defendants the Zhejiang Geely Automobile Co., Ltd. (Geely) and the Yachen Weiye Centre (Yachen) of trademark infringement and unfair competition. Toyota claimed that "the plaintiff owns the 'TOYOTA' device trademark in the automobile-related field and     

Toyota Geely/Merrier:Intringement of Device Trademark and Unfair Competition

The plaintiff, the Toyota Corporation (Toyota) instituted, on January 2 2003, legal proceedings in the Beijing No.2 Intermediate People's Court, accusing the defendants the Zhejiang Geely Automobile Co., Ltd. (Geely) and the Yachen Weiye Centre (Yachen) of trademark infringement and unfair competition. Toyota claimed that "the plaintiff owns the 'TOYOTA' device trademark in the automobile-related field and the exclusive right to use the registered trademarks of ‘丰田’and 'TOYOTA'. The trademarks, very popular in China, are indisputably     

Beijing＇s Per Cpita GDP Expected to Top US$ 8,000 This Year

According to the latest statistics released by the China Association of Automobile Manufacturers on January 13, China＇s top 10 car manufacturers in 2007 were： FAW-Volkswagen, Shanghai Volkswagen, Shanghai GM, Chery, FAW Toyota, Dongfeng Nissan, Guangzhou Honda, Geely, Changan Ford and Dongfeng Peugeot Citroen.     

Cases of Trademark Examination Review and Adjudication

Case of Reexamination of Rejection of Trademark “GE“ 　　On 20 December 2001, the US General Electric Company (GE) filed with the Trademark Office an application for regG Eistration of the trademark “GE“(see Fig.l) on goods in class 8 of the International Classification: hand tools, table cutlery (knives, forks and spoons), side arms other than firearms, fish forks. Upon examination, the Trademark Office, pursuant to Article 11, paragraph one (3) and Article 28 of the Trademark Law of the People‘s Republic of China, rejected, on 9 October 2002, the application for registration of said mark, and made no publication thereof on the grounds that “the trademark applied for registration was the combination of two letters of ordinary typeface, which was not distinctive, so should not be registered as a trademark“. 　　……     

Foreign companies'''' Trademark Application in China Increases Rapidly

The number of foreign companies' trademark application in China increased rapidly in the past two years as China took effective measures in trademark protection, an official with the State Administration of Industry and Commerce (SACI) said on September 9.     

Protection of Trademarks in China

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Trademark protection is one of the most important parts in protecting intellectual property, playing a positive role in maintenance of fair market and promoting the development of the socialist market economy. China resumed the system of trademark in 1987. With reforming and opening up, the Chinese trademark is developing rapidly. Now, the amount of Chinese trademarks＇ registration is one of the most in the world.     

Acts of Trademark Licensing Not Constitute Trademark Infringement

Many articles have been written on the first-instance judgement of the case of trademark infringement "HENGSHENG" (恒生) v. "HENGSHENG" (恒生)(two homonymous trademarks), commenting on the legal consequences of the conflict between the two trademarks. This article is intended to probe into the issue that the trademark licensor involved in the case bears the joint and several liabilities.     

Development of Trademark Administrative Protection in China-Address by Li Dongsheng, Vice Commissioner of State Administration for Industry and Commerce

To meet the requirements of the reform and opening-up policy as well as economic development, Trademark Law of the People's Republic of China (hereinafter Trademark Law) was enacted in August 1982 and came into force on 1st March 1983 in China.It is the first law in the intellectual property field that established solid legal founda- tion in trademark area for China's rapid and healthy economic development.In or-     

A Case of Improperly Registered "Wansheng" Trademark

In September 1999, the Trademark Review and Adjudication Board of the China State Administration for In-dustry and Commerce (SAIC) made its fi-nal decision on revocation of the "Wangsheng" trademark: the ground for the revocation raised by Hitachi Maxell Ltd.(Hitachi) that the Shenzhen Hua Yuan In-dustrial (Group) Co., Ltd. (Hua Yuan) has registered, by improper means, the "Wansheng" trademark no. 592880 for Class 9 floppy and magnetic disks and no.870819 for Class 9 battery are tenable and the trademark is revoked.     

A Case of Improperly Registered “Wansheng” Trademark

In September 1999, the Trademark Review and Adjudication Board of the China State Administration for Industry and Commerce (SAIC) made its final decision on revocation of the "Wangsheng" trademark: the ground for the revocation raised by Hitachi Maxell Ltd. (Hitachi) that the Shenzhen Hua Yuan Industrial (Group) Co., Ltd. (Hua Yuan) has registered, by improper means, the "Wansheng" trademark no. 592880 for Class 9 floppy and magnetic disks and no. 870819 for Class 9 battery are tenable and the trademark is revoked.     

Foreign Companies＇ Trademark Application in China Increases Rapidly

The number of foreign companies＇ trademark application in China increased rapidly in the past two years as China took effective measures in trademark protection, an official with the State Administration of Industry and Commerce （SACI） said on September 9.     

CASE STUDY PIZZA HUT TRADEMARK

In April 1985,the Hoong TaoNominees Pty.Ltd.submittedan application for the registrationof a trademark composed of thecharacters of Pizza Hut and a roofdesign(Hereinafter referred to asthe Pizza Hut trademark),designated for use on meat,dairyproducts,dry and fresh fruit,edibleoil and vegetable products.Aftera preliminary examination by theTrademark Office of the PRC,themark was approved for registrationand published.Between Februaryand April 1986,Pizza Hut Inc.ofthe US submitted an oppositionto the above-mentioned trademarkapplication in accordance withArticle 1 and Article 6 of the ChineseTrademark Law and Article 6~(bis) ofthe Paris Convention for theProtection of Industrial Property.     

Cases of Trademark Examination Review and Adjudication

Case of Reexamination of Rejection of Trademark "GE" On 20 December 2001, the US General Electric Company (GE) filed with the Trademark Office an application for regG Eistration of the trademark "GE"(see Fig.l) on goods in class 8 of the International Classification: hand tools, table cutlery (knives, forks and spoons), side arms other than firearms, fish forks. Upon examination, the Trademark Office, pursuant to Article 11, paragraph one (3) and Article 28 of the Trademark Law of the People's Republic of China, rejected, on 9 October 2002, the application for registration of said mark, and made no publication thereof on the grounds that "the trademark applied for registration was the combination of two letters of ordinary typeface, which was not distinctive, so should not be registered as a trademark".     

AUTO CHINA

Geely to launch Three Models in Indonesia Chinese automaker Geely International Corp. will sell sedans of three engine variants in its Indonesian debut at the price of below 100 million rupiah (about US$10,800). a leading economic daily reported on May 23. The sedans - with engine capacities of 1,300 cc. 1,500 cc and 1,600 cc-     

A Case of Infringement Upon Exclusive Trademark Right of "Funandan" of the US FMC Corporation

Facts of the Case In January 1996, the US FMC Cor-poration filed, through its Chinese Agent,an complaint with the Administration for Industry and Commerce of Zhabei District, Shanghai, accusing the Shang-hai Agricultural Production Materials Company (SAPMC) of infringement of its exclusive right to use the "Funandan" trademark which FMC has registered in China according to law by selling pesti-cide bearing the passing-off"Funandan "trademark.     

Next Target Market for China Automakers？——China Autos Displayed in 101st North American International Auto Show 2008

As a top international show,the North American International Auto Show（NAIAS）is among the most prestigious auto shows in the world.On January 13,2008, in Detroit,the 101st NAIAS unveiled the first auto show of 2008.With the developing strategy of＂Going Out＂and the innovation on research and technology, China automakers achieved great progress in recent years.In this show,China five automakers including：BYD Auto,Changfeng Group,Geely International Corp,Li Shi Guang Ming Auto Design Co.Ltd, and ZXAuto China（Hebei Zhongxing） attended the NAIAS on January 13 to 27, 2008. Changfeng Motor Group and Geely International Corporation made return visits to Detroit while BYD Auto Co., Chamco and Li Shi Guang Ming appeared for the first time.     

A Case of Infringement Upon Exclusive Trademark Bight of "Funandan" of the US FMC Corporation

Facts of the CaseIn January 1996, the US FMC Corporation filed, through its Chinese Agent, an complaint with the Administration for Industry and Commerce of Zhabei District, Shanghai, accusing the Shanghai Agricultural Production Materials Company (SAPMC) of infringement of its exclusive right to use the "Funandan" trademark which FMC has registered in China according to law by selling pesticide bearing the passing-off "Funandan" trademark.     

On Limitation of Action against Acts of Continuous Infringement of Trademark Right

The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor‘s right to claim for damages for infringement.……     

Uneasy Road To Abroad

Auto M&A is a hot topic on people's lips,especially in the early September,when the permit of Chinese Geely to buy Swedish auto giant Ford's Volvo,was issued by China's National Development and Reform Commission,exceeding US$100 million.It is also said that Geely is the only Chinese automaker that has won official confirmation on such deals.On the road to expansion,Chinese auto enterprises are attempting various channels to win a toe standing in the international market.Overseas M&A offers them opportunities,and at meantime,challenges.The road for Chinese enterprises to driving abroad goes never too smooth,and auto industry is only one example.     

Cases of Trademark Examination and Review/Adjudication

Trademark "CAREFUL" The Ruian City Kangfuya Health Products Co., Ltd. in Zhejiang Province filed, on 25 September 1996, an application for registration of the trademark "CAREFUL" (see Fig. 1) on goods in class 5 of the International Classification, "toilet napkins, disposable underpants and diapers for incontinence of urine".