Trademark Wiki / 维权与侵权

• What Should I Do If I Am Sued for Trademark Infringement? — When sued, first verify the validity of the other side's trademark, whether it h
• What Are the Types of Trademark Infringement? — Article 57 of the Trademark Law enumerates seven types of infringement, centered
• Administrative Complaint or Court Litigation for Trademark Infringement? — Choose administrative enforcement to strike dens quickly; choose litigation for
• Adidas Trademark Cases: Treble Punitive Damages in China and Invalidation of the EU 'Three Stripes' Mark — Repeat infringement penalized three times constitutes serious circumstances; the
• The 'Bao Shifu' Trademark Enforcement Series: Civil and Administrative Tracks Clear Out Copycat Franchises — Bao Caisheng Company cleared copycat stores through trademark infringement and u
• Bilibili v. Dilidili Trademark Infringement Case: RMB 3 Million Awarded — The Yangpu District Court of Shanghai found D Station's use of 'Dilidili' and 'd
• The 'Kasite (CASTEL)' Trademark Dispute: Damages Reduced from RMB 33.73 Million to RMB 500,000 — A dispute over the Chinese transliteration of a foreign mark: translating 'CASTE
• 'Cha Yan Yue Se' v. 'Cha Yan Guan Se' Unfair Competition Case: RMB 1.7 Million Awarded — The court found 'Cha Yan Guan Se' imitated Cha Yan Yue Se's trade dress and made
• Typical Customs IP Protection Cases: Recordal, Seizure, and Confiscation Upon Infringement Finding — The typical customs IP protection path: after recordal, customs can seize goods
• Analysis of Typical E-Commerce Counterfeiting: Platform Takedown Plus Administrative Enforcement — A breakdown of the standard combined playbook against e-commerce counterfeiting:
• Apple v. Shenzhen Proview 'iPad' Trademark Dispute: Settled for USD 60 Million — Shenzhen Proview held the 'IPAD' trademark; after losing at first instance, Appl
• JDB v. Wanglaoji Red Can Trade Dress Dispute: Final Judgment Finds the Rights May Be Shared — The Supreme People's Court finally held that the red can trade dress rights may
• The 'Six Walnuts' Case: China's First Punitive Damages Award to a Trademark Owner — China's first punitive damages award to a trademark owner: the base was the lice
• New Balance Trademark Infringement Case: Second Instance Reduces Damages from RMB 98 Million to RMB 5 Million — The Guangdong Higher Court reduced the New Balance damages from RMB 98 million t
• Analysis of Exemption from Damages Through the Three-Year Non-Use Defense — How to defeat a damages claim with the three-year non-use defense when a mark ha
• The 'Red Bull' Trademark Ownership Dispute: A Licensee Cannot Acquire Trademark Rights Through Use and Promotion — Trademark ownership depends on registration and assignment records, not on who u
• Starbucks v. Shanghai Starbucks: Well-Known Trademark Protection and Trade Name Conflicts — The court found 'STARBUCKS' and 'Starbucks (Chinese)' to be well-known trademark
• Tesla TESLA Trademark Squatting Case: Resolved by Mediation After Multi-Track Litigation — Zhan Baosheng squatted the 'TESLA' trademark for automobiles; Tesla pressed on m
• Vans Trademark Infringement Case: Treble Punitive Damages of RMB 2.42 Million for E-Commerce Counterfeiting — Treble punitive damages in an e-commerce counterfeiting case: the court set the
• 'Jiuliangye' Infringement of 'Wuliangye' Trademark: Supreme Court Reverses on Retrial and Awards RMB 9 Million — After losing at both instances, the Supreme Court reversed on retrial: 'Jiuliang
• Xiaomi v. 'Xiaomi Life' Trademark Infringement: A Model Case for Punitive Damages — The court found 'Xiaomi' well-known and applied punitive damages against the mal
• Is a Lawyer's Letter Useful in Trademark Infringement? — A lawyer's letter works on mild, non-malicious infringers, prompting cessation a
• How Much Damages Can You Claim for Trademark Infringement? — Damages follow the order of actual losses, infringer's profits, and license-fee
• Can Trademark Infringement Send You to Prison? — Ordinary trademark infringement carries only civil and administrative liability,
• Can Customs Intercept Infringing Goods? — Yes. After recordal with the General Administration of Customs, customs may deta
• How to Collect Trademark Infringement Evidence Effectively? — Effective evidence collection rests on authenticity, completeness, and fixabilit
• Legitimate Source Defense — The legitimate source defense exempts good-faith sellers from damages: one who d
• What Materials Are Needed to Complain About Trademark Infringement on Taobao or Pinduoduo? — Three categories of materials are core: entity qualification proof, trademark ow
• Punitive Damages — Punitive damages are awarded for malicious and serious trademark infringement at
• Trademark Infringement — Trademark infringement covers unauthorized use of identical or similar marks on
• Trademark Monitoring — Trademark monitoring continuously scans trademark announcements, the market, and
• I Am Accused of Infringement but the Other Side's Trademark Has Been Unused for Three Years—What Can I Do? — Where the other side's trademark has not been actually used for three years afte
• What Are Punitive Damages for Trademark Infringement? — Punitive damages are an enhanced award of one to five times the base—determined
• How Do I Intercept a Similar New Trademark Application? — If a similar trademark is still in its announcement period, file an opposition w
• How Do I Complain About Infringing Links on E-Commerce Platforms? — Register in the platform's IP protection system and record your trademark owners
• Practical Guide to Trademark Complaints on E-Commerce Platforms — The complete playbook for e-commerce trademark complaints: registering and recor
• Analysis of Scenarios Where the Legitimate Source Defense Succeeds or Fails — Two contrasting typical scenarios show the boundary of the legitimate source def
• How Do I Monitor for Squatting of Similar Trademarks? — Watch each preliminary approval announcement of the CNIPA and run similarity com
• What If the Platform Won't Accept My Trademark Infringement Complaint? — First correct and refile according to the rejection reason; if still declined or
• Choosing a Trademark Rights Enforcement Route: Complaints, Administrative Enforcement, Litigation, and Criminal Prosecution — Trademark rights enforcement offers four routes—platform complaints, administrat
• Guide to Collecting and Preserving Trademark Infringement Evidence — Enforcement evidence comes in three groups—rights, infringement, and damages: no
• What Is the Legitimate Source Defense to Trademark Infringement? — The legitimate source defense is the exemption channel for good-faith sellers: o
• What Evidence Should Be Prepared for a Trademark Infringement Lawsuit? — Litigation evidence falls into four groups: rights (registration certificate and
• What Should I Do If Someone Counterfeits My Trademark? — On discovering a counterfeit, fix evidence first, then verify your own rights ba
• Cease-and-Desist Letter (Lawyer's Letter) — A cease-and-desist letter is a written notice from the rights holder asserting i
• 'Jiangxiaobai' Trademark Invalidation Case (Guiding Case No. 162): A Distribution Relationship Is Not an Agency Relationship — A distribution relationship is not an agency relationship: where the trademark d
• Michael Jordan v. TRAB: The Three-Part Test for Prior Name Rights — On retrial, the Supreme People's Court found the 'Jordan' trademarks harmed Mich
• The 'Lafite' Case: Finding of a Well-Known Unregistered Trademark and Damages (RMB 2 Million Awarded) — 'Lafite' was recognized as a well-known unregistered trademark; by analogy to Ar
• The 'Lao Gan Ma' Trademark Infringement Cases: The Boundary of Writing a Well-Known Trademark as a Flavor Name — Using a well-known trademark as a product-feature name is unjustified where it h
• Customs Recordal of Trademark Rights — Customs recordal registers a trademark with the General Administration of Custom