intellectual property

Under Armour ./. Uncle Martian; the final decision

In 2016, a new clothing brand Uncle Martian was announced in Jinjiang, Fujian Province , China. The company behind Uncle Martian is T ingfeilong Sporting Goods Co. (廷飞龙体育用品有限公司) . This brand’s logo and the name was found to be remarkably similar to a famous U.S. sportswear brand Under Armour . Under Armour announced that Uncle Martian’s use of Under Armour’s famous logo, name, and other intellectual property is a serious concern and blatant infringement. The U.S company then sued Tingfeilong Sporting Goods Co. and opened up a trademark infringement case...

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Bilateral agreement between the EU and China for the protection of geographical indications (GI)

The European Union (EU) and China signed a bilateral agreement on the protection of geographical indications (GI) on September 14, 2020. The agreement is expected to enter into force in 2021. The agreement will protect 100 European geographical indications and as many Chinese geographical indications in the EU from usurpation and counterfeiting. Within four years of its entry into force, the scope of the agreement will be expanded to include additional 175 GI names from both sides. Cooperation between the EU and China began in 2006 and resulted in the...

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War of the stones; The Lego Case (Part 2)

On September 2, 2020, Shanghai 3rd Intermediate Court announced on its official Weibo account that in the case of selling counterfeit LEGO products, the defendant Li was sentenced to 6 years imprisonment and fined 90 million RMB as principal criminal for copyright infringement through illegal business operation of counterfeit LEGO products in amount of 330 million RMB. The other 8 accomplices in this case were sentenced to imprisonment from 4 years 6 months to 3 years respectively and fined accordingly.

The infringing products involved in this case included 663 products from 47...

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Trademark infringement in OEM export trading, the HONDA case

On April 21, 2020, China’s Supreme People’s Court (SPC) released its report on the 10 significant cases and the 50 typical cases in the field of intellectual property for the year 2019.[1]

The decision of the SPC on one of the 10 significant cases regarding trademark infringement of the trademark HONDA provides an instructive guidance for determination of trademark infringement in OEM export trading .

The infringed trademarks in this case are the three “HONDA” trademarks of Honda Motor Co. Ltd. which are registered for vehicles, motorcycles in class 12. The...

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“red sole” decision between Christian Louboutin and the CNIPA

In the retrial of the trademark administrative dispute case “red sole” between Christian Louboutin and the CNIPA , the Supreme People’s Court dismissed the claim of the CNIPA on Dec. 24, 2019. The application of retrial was rejected, the decision of the Beijing Higher People’s Court was maintained.

According to decision of the Beijing Higher People’s Court in December 2018 , the trademark “red color that used on the sole” is to be considered as a mono-color trademark that the using position of the color is defined. The Beijing Higher People’s Court affirmed, mono-color...

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2019 Meeting with NDRC delegation and BLUEDEX in Frankfurt

On September 26 2019 we received a delegation from the China National Development and Reform Commission (NDRC) and the Economic Department of the Chinese Embassy in Berlin in the offices of our partner law firm BLUEDEX, in Frankfurt.

The high-ranking delegation visited us practitioners to get more information about the German insolvency law, in particular about the liquidation of large companies.

BLUEDEX Partner Dr. Herrmann contributed to the details in a 90 minute presentation and also reported comprehensively on the innovations of the EU, which now have to be implemented...

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ECTA Annual Conference 2019

ECTA Annual Conference completed on last Friday in Edinburgh. With more than 1500 Members, coming from all Member States of the EU and beyond, ECTA promotes the knowledge and professionalism of the Intellectual Property Law community in the fields of Trade Marks, Designs, Copyright and other Intellectual Property Rights, within the European Union. Starke is a member since 2019.

With about 900 attendees this Annual Conference was a great success! Our team took part at many interesting discussions, speeches and other programs.

Two of the highlights were the session about EU...

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