Swarovski enforces right against free rider

Swarovski enforces right against free rider

2009/6/16

The Beijing High People's Court rendered its final decision on Swarovski's allegation of Beijing Swarov Wedding Photo's infringement of its trademarks and act of unfair competition, rejecting the appeal of Beijing Swarov and upholding the first instance decision of the Beijing No.2 Intermediate People's Court.

In 2007, Swarovski discovered without its consent, Beijing Swarov used its registered trademarks and words similar to its registered trademarks on Swarov's trade names, company web site, domain name and advertisements, then brought case to the No.2 Court on the ground of trademark infringement and unfair competition.

The No.2 Court entered into judgment last September, holding Swarov's acts of using 施华洛, 施華洛 (both Swarovski's trademarks in Chinese) and Swarov are enough to mislead and confuse consumers. Though the two companies engage in different businesses, Swarov's acts have injured the rights and interests of Swarovski. The disgruntled Swarov then appealed to the High Court, which would later made the decision above.


Source: China IP News

 



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