Baby products brand Beaba sues copycats for using ‘BEABA’ logo on baby diapers

Beaba, a famous baby products brand, recently filed before the Hangzhou Internet Court a civil action for copyright infringement and unfair competition action against four defendants for their unlawful use of Beaba’s special-designed logo “BEABA” on the latter’s baby diaper products.

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In said action, Beaba claims that it has been producing baby feeding and baby food preparation products since its establishment in 1989 in France, and had entered the Chinese market since 2010. Since its establishment, Beaba has originally created and has used the special-designed logo “BEABA” on their baby products, and therefore enjoys the copyright over the same. Meanwhile, Beaba’s special-designed logo “BEABA” and its enterprise name “Beaba” has gained a high degree of popularity and reputation.

Beaba claims that, without their authorization, four Chinese companies have sold baby diaper products bearing the “BEABA” logo.

Given this, Beaba filed an action for copyright infringement and unfair competition before the Hangzhou Internet Court alleging that, the defendants’ unauthorized use of the “BEABA” logo which is identical or highly similar to Beaba’s logo on baby diaper has infringed Beaba’s copyright. Moreover, as Beaba’s enterprise name “Beaba” has gained a high degree of popularity and reputation, such enterprise name should be protected under Article 6 of the Unfair Competition Law, and the defendants’ use of the characters “BEABA” may mislead the public, thereby amounting to unfair competition in accordance with Article 6 of the Unfair Competition Law. Beaba likewise demands that the defendants cease and desist from their infringing activity and to pay RMB 3 million in damages. Continue reading “Baby products brand Beaba sues copycats for using ‘BEABA’ logo on baby diapers” »

Lafite succeeds in cancelling ‘Lafeite’ used on hotel services

A Chinese hotel named Beijing Lafeite Castle Hotel Co., Ltd. (Lafeite Hotel) in 2007 filed for the registration of the mark “拉斐特” (pronounced as “Lafeite” in Mandarin) for use on restaurant and hotel related services under Class 43, which the China Trademark Office (CTMO) approved for registration in 2015.

Château Lafite Rothschild (Rothschild), the producer of the globally famous wine brand “LAFITE” (“拉菲” in Chinese, pronounced as “Lafei” in Mandarin), filed for the cancellation of the disputed mark before the Trademark Review and Adjudication Board (TRAB) claiming that, as its prior registered trademarks “LAFITE” and “拉菲” (“Lafei”) designated for use on wine products have attained well-known status, the disputed mark “拉斐特” (“Lafeite”), which is similar to the mark “拉菲” (“Lafei”), may damage Rothschild’s interests.

[Note: according to Article 13 of the Trademark Law, well-known trademarks that are registered in China are entitled to cross-class protection to the extent that no mark that is a copy, imitation or translation of said well-known mark may be registered for use in whatever class of goods, if doing so may mislead the public or otherwise damage the interest of the registrant of the well-known mark.]

The TRAB however handed an unfavorable decision holding that the evidence adduced is insufficient to prove that Rothschild’s trademarks “LAFITE” and “拉菲” (“Lafei”) had attained well-known status in China prior to the registration of the trademark; meanwhile, since the restaurant services under Class 43 and the wine products are dissimilar, the disputed mark, as applied for use on restaurant related services, is unlikely to damage Rothschild’s interests. Continue reading “Lafite succeeds in cancelling ‘Lafeite’ used on hotel services” »