NIVEA Awarded 120,000 Yuan over Trademark Infringement

2009/10/22

The Beijing Second Intermediate People’s Court entered into a first-instance judgment over the trademark dispute between NIVEA and OUMEINA, ordering defendants Dongyang Yingzi Cosmetics to cease infringement and indemnify 120,000 yuan in damages to a German Company Beiersdorf Group.

As investigation indicated, Yingzi Company used a OUMEINA trademark similar to NIVEA in the 欧美那 (OUMEINA’s Chinese version)series products. Beiersdorf held that it registered 妮维雅 trademark in China in January, 1993, and sought injunction and 500,000 yuan in damages.

Yingzi argued that the infringing products Beiersdorf mentioned get into the market before it was sanctioned, and registered trademark OUMEINA did not constitute infringement to NIVEA. The Court held that the OUMEINA was similar with NIVEA in figures and words arrangement, so ordered. 
                                                                                            Source: China IP News