The Nissan That Became a Lamborghini Not Confiscated For Likelihood of Confusion

This Summer Bertel Smitt reported for the Truth About Cars about a Kunming barber who changed exterior of his Nissan Bluebird into a Lamborghini Aventador. The police confiscated the car. But not because of intellectual property rights infringements (based on trademark, copyright or design-patent rights) Smitt wrote: “When a car is registered in China, a […]

Looking into the Back Mirror: “If I Were For Real”

If I were for real, is a 1981 Taiwanese movie (including Hong Kong teams) that was censored in Hong Kong when it was still a British crown colony, because it was deemed too critical about the privileged life of the happy few of party officials. Li Hsiao-chang (played by Alan Tam) tries to face the […]

Innovative Enforcement of Trademark and Copyright Infringement by LVMH

What to do when the trademarks and copyrights of your luxury products are infringed by Chinese companies that sell these products online to, for example, U.S. consumers. You can go after the source: using Chinese customs, the administrative, criminal or litigation routes. Another innovative way is to go also after the U.S. company that leases […]

SONY or SONT confusion in Shenzhen

SONT or SONY likelihood of confusionPhoto: Danny friedmann Shenzhen SongTian Technology Development Co., a company manufacturing tantalum capacitators (used in electronic accessories) changed their logo they came up with SONT. See their old and new logo here. Likelihood of confusion with the brand of a huge Japanese electronics company? Will the average consumer mistake the […]

Taiwan IP Update: First Country That Protects Hologram In Its Trademark Law

Taiwan has amended its Trademark Act May 31, 2011. What has changed? Progressive trademark act, but with olfactory deficiency Photo: NASA via Wikipedia Listing counterfeit merchandise online will be punishable by fines of up to NT$50,000 and up to one year in prison.  According to the director-general of Taiwan Intellectual Property Office (TIPO), Wang Mei-hua (王美花) the scope […]

The Process of Trademark Counterfeiting Captured

How An External DVD Drive Becomes A Counterfeit Apple in 5 Minutes Dong Men (东门= East Gate) in Shenzhen is an incredible place. You can find buildings with small shops that all sell one component of a mobile phone or computer per floor, and on the next floor another component. On Shennan Central Road there is […]

Mickey Mouse Went To the Ladies’ Market in Hong Kong Without Disney Knowing It

Unauthorised Use of Disney’s copyright  Smoothite versus Samsonite

Emergent brandscape in China: “Sony was not built in a day”

David Barboza interviewed Karl Gerth who teaches modern Chinese history at Oxford University about his new book ‘As China Goes So Does The World’. Professor Gerth is optimistic about Chinese brands. His take is that China will get strong brands indigenously or it will acquire foreign brands. We just have to give it some time: […]

Trends Counterfeit Trademarks/Infringed Patents From China: Smaller Scale, Bigger Risks

Two trends can be abstracted from the 2010 report of the Austrian Federal Finance Ministry to the National Council about the application of Council Regulation (EC) 1383/2003 of July, 22 2003, concerning customs action against goods suspected of infringing certain intellectual property rights and measures against goods found to have infringed such rights. According to the report these […]

Why The Chinese Educational System Is Not More Conducive To Creativity: Some Hypotheses

China is the country with the most creative people in the world. That is a truism in a country with 1.3 billion people. In the past China showed the world the way to creativity: compass, gunpowder, papermaking and printing, all are Chinese inventions. So why are copyright piracy, counterfeit trademarks and patent infringements that origin […]

IP Dragon’s “Shock and Awe” Holiday Tips

When in Paris, IP Dragon does not only highly recommend you to visit le Louvre at the rive droite and le Musée d’Orsay at the rive gauche so you will be awed by the original works of great artists. For a more, let’s call it balanced world view, you must also hop on le métro […]

Harvest of Counterfeit Louis Vuitton and Gucci in 15 Minutes at Mong Kok Station

I was standing less than 15 minutes at the MTR station of Mong Kok, the most bustling and dense populated part of Kowloon, the peninsula of Hong Kong. I saw 5 ladies with a bag that could be counterfeit. Some were a bit shocked that I did not want to make a picture of them, […]

Cherkizovsky Market Closed Because of Counterfeit and Pirated Goods From China

Cherkizovsky Market, Russia’s biggest market was closed down after discovery of more than 6,000 containers of counterfeit and pirated goods from China worth US$ 2 billion. The market was described by Russia Today (RT) as a “country within a country”. Read RT’s article and watch their video about it here. Global Times, China’s other official […]

How to Sanction Lack of IPR Enforcement in China: Priority Watch List (IILA) or Foreign Country/Section 306 Monitoring Status (IACC)

The International Anti-Counterfeiting Coalition (IACC) is an organisation that represents companies concerned with trademark counterfeiting and copyright piracy. The IACC submitted the following recommendations to the Office of the US Trade Representative (USTR) in their annual Special 301 review of intellectual property protection issues in foreign countries. As in the past years, China and Russia […]

The Longlife Trademark For Taiwan’s Cigarettes is still not dead

This morning I got this picture of Taiwanese cigarettes with the name Longlife. The picture is made by CH from Mobimania in Xiamen, China. First question. Is Longlife a trademarked brand in Taiwan? And what about China? If you type in “Longlife” in to the search engine of Taiwan’s Intellectual Property Office (TIPO) you will […]

Mr Schwabach’s Essay Debunks Perception IP Piracy in China, But Remains Silent About IP Infringements In/From China

Aaron Schwabach wrote an well written and interesting essay called ‘Intellectual Property Piracy: Perception and Reality in China, the United States, and Elsewhere’. Find the pdf here. Mr Schwabach starts with the quote: “There is probably more misinformation about China than about any other country in the world”. That is hard to proof. But it […]

Gregory Lions About Fakes: Fashion Brands Have Asked For It

Mr Gregory Lions, a former financial analyst for Dun & Bradstreet Inc., and currently the CEO of Buyherebuynow.com is ranting that fashion brands by asking “outrageous prices” have brought the trademark infringements problem upon themselves. “By pricing their wares in the stratosphere, designers are essentially causing the knock-off market to thrive. Women see these must […]

Trademark and Trade Dress Infringement Case: Wangzhihe versus German Supermarket OKAI

Mr Peter Ollier of Managing Intellectual Properties investigates the challenges Chinese brands have in their strategy to conquer foreign markets, read more here. He mentioned the trademark infringement case of Wangzhihe (Beijing flavoured Beancurd), which was founded in 1678! according to Xinhua, versus OKAI, a German supermarket chain. A Munich Court started hearing the case […]

Supreme People’s Court Awards Yamaha Highest Damages in Piracy Case

雅马哈 Shu-Ching Jean Chen wrote for Forbes the article ‘Yamaha Copycat Crashes in Court’. “The Chinese company, Zhejiang Huatian, registered a shell company in Japan’s remote Ishikawa prefecture in 2000 under the same three characters used by Yamaha to render its name in Chinese. This Japanese shell company then signed a licensing agreement with Zhejiang […]

Let’s Baidu The Word Genericide

Joel Martinsen has a great post about search engine Baidu which stimulates others to use Baidu as a verb instead of a name of a brand, but by doing so inadvertently increasing the risk the brand name is used to refer to the generic class of objects, so that eventually the exclusive right to the […]

Guangdong Lux Soap Cleansed of Counterfeit Trademark in Guyana

Remember Guyana’s Court that granted an injunction against alleged counterfeit Lux soap from Guangdong? See here. Well the soap continues. “On February 6, Justice B S Roy, sitting in the Commercial Court had granted an injunction against the importer and defendant Mohamed Niazi Khan, of Multi Beverage Company, located at Cornelia Ida or 46-47 Hadfield […]

Trademark Infringements Illustrated: SQNY, GHANEL, HIKE, AVIVAS etc

Chris Hong of Aspire, Perspire, Attain links to pictures of goods that obivously infringe trademarks, at CRI Online here.

Guyana’s Court Granted Injunction Against Alleged Counterfeit Lux Soaps from Guangdong

Stabroek News of Guyana reports in a very detailled way about how Unilever sought and was granted judicial relief via its law firm Cameron & Shepherd against an importer of a container of alleged counterfeit soap marked Lux from a port in Guangdong using the customs enforcement route. Read this excellent article here.

Should Trademark Law Have a Sense of Humour?

The prolific Dutch journalist Fons Tuinstra of the China Herald reports about the Greenpeace campaign at his local Shanghai subway station to mashup corporate logos to put the environment on people’s agenda. Is it satire or plain trademark infringement? Part I here, and part II here. To my knowledge the Trademark Law does not give […]

Jail Time For Exporters Of Phones That Are Genuine Inside, Counterfeited Outside

Interfax China reports about four people that were found guilty in October by a people’s court in Guangzhou of infringing trademark rights because they were exporting counterfeit phones. Zhang and Xu were sentenced to nine months and two persons both named Lin were sentenced eight months in prison The inside of the phones consisted out […]

FA Premier League Against Trademark Infringers 1:0

Sarah Butler reported for the Times Online about two rulings by the Beijing No. 1 Intermediate People’s Court: The English FA (football association, nowadays called after their sponsor: Barclays) Premier League was victorious in a trademark dispute with Xiangshi Celebration Service Company, based in Jiangsu province. Beijing No. 1 Intermediate People’s Court upheld an earlier […]

Final Judgement Hennessy Trademark Infringement: No More Sour Grapes in China

Remember the Hennessy trademark infringement case in 2005? See here. March 2005, Jas Hennessy & Co. instituted a proceeding against Zhuhai Xiangmutong Trading Co. Ltd. who sold the cognoc and Xiamen Jin (Golden) Huanya Food Co. Ltd. who bottled it, before the Shanghai 2nd Intermediate People’s Court. Jas Hennessy requested the court to order that […]