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
Burberry wins prelim injunction against Chinese âBaneberryâ brand
22-02-2021
08-11-2017
Burberry has secured a preliminary injunction against Shanhai-based Xinboli Trading, the owner of the Baneberry brand, in a Chinese court after it accused the company of trademark infringement.
The Suzhou Intermediate People’s Court confirmed that it had awarded a preliminary injunction to the British fashion brand against the Chinese company on February 19, in a development first reported by
While permanent injunctions are common in China in IP infringement cases, preliminary injunctions are much rarer, although increasing.
Xinboli has opened 40 physical stores across China under the brand name ‘Baneberry’ over the past year and a half and succeeded in gaining two registrations for the mark in December 2009 and August 2011.
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On January 29, 2021, the Intermediate People s Court of
Suzhou, Jiangsu Province granted injunction amid the litigation
initiated by BURBERRY LIMITED against Xinboli Trading (Shanghai)
Co., Ltd., Shentu Clothing (Shanghai) Co., Ltd., Peng Yazhong and
Peng Yazhong clothing store, for the infringement of Burberry s
trademark rights and unfair competition.
The court ordered Xinboli Trading (Shanghai) Co., Ltd. to
immediately stop using the trademarks BANEBERRY and
, and stop the production and
sales of the products bearing patterns that are identical to or
similar with Burberry s trademarks No. G732879