On July 6, 2023, the Supreme People’s Court of China (“SPC”) issued the 32nd batch of seven labor dispute guiding cases ("Guiding Cases"). Among them, one case attracts special.
New Balance wins massive trademark case against Chinese brand New Barlun Details 10 February 2021
Yes, there s a Chinese sportswear brand called New Barlun. Yes, it would be easy to confuse their logo and product design with the American sportswear brand New Balance. And yes, a court in China felt the same way, awarding a landmark trademark victory to New Balance in the sum of about US$3.85 million (RMB 25 million) in damages.
The Shanghai Huangpu District Court ruled that defendants New Barlun (China) Co and Shanghai Shiyi Trade Co violated New Balance s trademark rights, as their shoes marked with a similar N logo were both visually and conceptually similar to the American brand. Additionally, the defendants had been acting in bad faith by not following a previous interim injunction to cease production, all while benefitting from the similarity and New Balance s reputation abroad.
New Balance celebrates £2.8m win against Chinese copycat
09-02-2021
14-10-2015
American sportswear company New Balance has won a significant case against one of China’s most notorious copycat brands.
New Barlun was ordered to pay RMB25 million (£2.83 million) in damages to New Balance for trademark infringement by the Shanghai Huangpu District Court on January 5.
This compensation represents one of the largest sums awarded to an IP owner in the sportswear sector at a Chinese court.
New Barlun had registered a trademark for its own ‘N’ logo prior to New Balance seeking legal action, meaning New Balance had to invalidate the trademark and prove bad faith to win the case.