Tag Archives: principle of good faith

How to Determine the Recognition Level of Products in Unfair Competition Disputes in China, II

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Comments on the unfair competition case between Ferrero and Jinsha

Today, we will share our opinions on the following issues related to the case introduced in yesterday’s post: the scope of name recognition, whether a product’s packaging can refer to the products of others, and protection over product packaging through the use of trademarks.

Lawyer comments:

The interpretations of the judges in the first and second instance courts and the review court help us better understand the following issues involved in unfair competition cases:

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How to Determine the Recognition Level of Products in Unfair Competition Disputes in China, I

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金莎vs费雷罗

Comments on the unfair competition case between Ferrero and Jinsha

Today and tomorrow, we will analyze several issues raised by the Ferrero and Jinsha unfair competition
case. Namely: the scope of name recognition, whether a product’s packaging can refer to the products of others, and protection over product packaging through trademark protection. Today, we will briefly introduce the case facts and the opinions held by the deciding courts.

Case summary:

Ferrero Company registered the trademark “FERRERO ROCHER” in China in 1986 and its FERRERO ROCHER chocolate (“Ferrero Chocolate”) entered the Chinese market in 1988. The Ferrero Chocolate packaging has the following features: 1) gold, ball-shaped foil wrapping; 2) the “FERRERO ROCHER” trademark printed as a decoration within an oval on the gold foil; 3) each chocolate wrapped in gold foil is padded with additional brown paper; 4) outer packaging is made of transparent plastic, so that the inner gold-wrapped balls can be seen from the outside; and 5) a red ribbon-like decoration printed on the trademark of the chocolate.

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Summary of the Administrative Case Verdict in the Yi Jian Lian Trademark Squatting Case

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We are often consulted by clients asking what standards are used to determine trademark squatting, and why was malicious squatting found against Sony Ericson and HERMES but denied against COCA COLA or LANDROVER? Furthermore, once a trademark application has damaged anothers’ name right, copyright, or trade name right, what standards do courts use to determine infringement. Under the Trademark Law, what measures can be taken to protect the trademarks of well-known fictional figures, such as 007 or Harry Potter?

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Is It Lawful for News Websites to Demand Payment of Fees for Google and Baidu Searches

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(By You Yunting) According to a report in the New York Times, as also reported by some European websites, Google is recompiling its searched news results as a news page. It may be said that this method could infringe the copyright of the original publishing websites and, as a result, Google should pay fees for the websites. This idea has received support from both the French and German Governments, yet Google believes that its behavior fully conforms to the law, and thus should not have to pay any fees. In China, the main search engines Google and Baidu provide this kind of news search service, and today’s post will discuss whether it is lawful for news websites to claim fees from the search engines.

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