OEM liability decision protects against bad-faith trademarks, but leaves border protection questions unanswered
Legal updates: case law analysis and intelligence
The Supreme People’s Court has held that an original equipment manufacturer (OEM) may not be held liable for trademark infringement for exporting products bearing a trademark that is registered outside China, because the trademarks used on such products are not intended to serve as an indication of origin to Chinese consumers and there is thus no likelihood of confusion.
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