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Wednesday, February 24, 2021
In a decision dated February 9, 2021 and first reported by 知识产权界, New Balance has failed on appeal to invalidate a Chinese trademark that is a transliteration of its name. Specifically, New Balance had attempted to invalidate the mark 新百伦 (4100879 in class 25) to Guangzhou New Balance Enterprise Management Co., Ltd. (广州新百伦企业管理有限公司) first at the former Trademark Office of the State Administration for Industry and Commerce (now China National Intellectual Property Administration (CNIPA)), then at the Beijing Intellectual Property Court, and now on appeal at the Beijing Higher People’s Court. This contrasts with New Balance’s earlier Chinese victory against New Barlun for the “N” logo.
Burberry Wins Preliminary Injunction Against Baneberry at Suzhou, China’s Intermediate People’s Court for Trademark Infringement Sunday, February 21, 2021
On February 19, 2021, the Suzhou Intermediate People’s Court announced it had awarded a preliminary injunction to Burberry against Xinboli Trading (Shanghai) Co., Ltd. (新帛利商贸(上海)有限公司), owner of Chinese brand Baneberry, for trademark infringement. Burberry is an iconic British fashion brand founded in 1856 while Baneberry is a fast-growing Chinese brand with 40 physical stores opened in China in the last year and a half.
Burberry’s Chinese Trademark for a Pattern in Class 25 (clothing).
The Court explained:
The plaintiff’s right trademark “BURBERRY” and logo
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