Luxury brand owner successfully enforces its rights

The Beijing First Intermediate People’s Court has handed down a judgment in favour of well-known trademark owner Cartier International NV.

Cartier sued Shanghai A-Zenith and Beijing A-Zenith (collectively A-Zenith, as these are related companies), alleging that A-Zenith had:

Cartier also sued Beijing Easyhome Gold Source Household Building Materials Market for selling the infringing furniture in physical stores. 
 

A-Zenith argued that:

A-Zenith further argued that:

The Beijing First Intermediate People’s Court first recognised that CARTIER has been a well-known mark in respect of jewellery since 2004.

The court then accepted that, on the facts, the marks were not used on the furniture itself. However, the court found that A-Zenith did use the marks on shop signs and did make false and misleading online advertisements associating the marks with the furniture.

 

A-Zenith knew that the marks were well known in respect of jewellery. Therefore, by using these on online advertisements, A-Zenith had committed an act of unfair competition. The court also held that, since Easyhome had previously asked A-Zenith to remove the marks from the shop signs, it was not liable for trademark infringement.

 

The court ordered that A-Zenith:

This decision is yet another victory for well-known mark owners - it bodes well for the future of enforcement of trademark rights by luxury brands and multinationals in the Chinese mainland.