Burberry, the iconic British luxury fashion brand, has been awarded 6 million RMB in damages by the Jiangsu High Court in China. This legal win comes after Burberry’s long-standing battle against trademark infringement and unfair competition by Chinese companies Shentu Clothing Shanghai and Xinboli Trading Shanghai.
Both companies were found to have infringed upon Burberry ’s well-known trademarks by selling clothing and related goods under the similar trademark “BANEBERRY,” which was intended to imitate
Burberry’s branding and mislead consumers. The court’s decision recognized Burberry’s trademarks as well-known marks, recognized by the relevant consumers in China due to their long-standing use, extensive advertising, and solid market reputation.
Consequently, these trademarks were classified as well-known marks before the registration date of the competing "BANEBERRY" trademark.
Additionally, the court acknowledged that while the disputed "BANEBERRY" trademark and Burberry's trademarks were in the same product class, protection for well-known registered trademarks extends beyond identical or similar goods.
Furthermore, unregistered, well-known trademarks are protected when used on similar or identical goods…
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