Using Trademark as Business Name: Trademark Infringement or Unfair Competition?
Case Background The plaintiff, Lanzhou Foci Company, is a joint-stock entity established in 1956 following the relocation of the original “Shanghai Foci Pharmaceutical Co., Ltd.” to Lanzhou….
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Civil Liability Associated with Malicious Trademark Applications
In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications….
Read moreNotarization for Evidence in China IP Litigation
To achieve success in intellectual property (IP) infringement cases, it is crucial to establish the occurrence of infringement and to secure all pertinent evidence of such activities….
Read more Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner
The Supreme People’s Courtc of the People’s Republic of China (hereinafter referred to as “SPC”) in 2024 issued a ruling in the retrial phase of a trademark…
Read moreSANTAK Case: Trademark Abuse Actionable under Anti-Unfair Competition Law
Brand owners in China are increasingly concerned about the issue of trademark squatting, as they often find themselves caught in protracted opposition and invalidation proceedings. Even when…
Read moreHuatuo Case: Beijing High Court elaborated not well-known trademark for cross-class protection
The legal disputes between Huatuo Sinopharm and Guangdong Huatuo Pharm spanned over a decade, garnering significant attention within the Chinese traditional pharmaceutical industry. In 2024, the Beijing…
Read moreFeature Article: Whether the implicit use of keywords constitutes unfair competition in China
Author: Andrea Liang, senior associate In 2021, the Shanghai Pudong New Area People’s Court heard the case of unfair competition dispute between Shanghai Hongyun Software Technology Co.,…
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