Dispute over Great Wall trademark, plaintiff claims damage of 100 million RMB
February 3, 2005World Top 500 - China National Cereals, Oils and Foodstuffs Corp. (COFCO), owner of “Great Wall” trademark claims damage of 100 million RMB from two private enterprises for infringing the exclusive right of trademark “Great Wall”, and this intellectual property case will have a hearing recently. The prestige of the plaintiff and the damage claim make this case the largest trademark right dispute accepted by Beijing People's Court.
COFCO alleges that, the first defendant Beijing Jiayu Dongfang Wine Co., Ltd. and the second defendant Jiangxi Nanchang Kaixin Sugar, Wine and Non-staple Food Co. Ltd. are one legal entity, it has applied to register “Jiayu Great Wall” trademark, and was rejected by the Trademark Bureau for similarity with COFCO's registered trademark “Great Wall”. Therefore, the two defendants' act of applying trademark “Jiayu Great Wall” to the wine is in bad faith and is an intentional infringement.
The two defendants debuts that, they filed the trademark application for “Jianyu Great Wall and design” with the State Industrial and Commercial Administration Trademark Bureau on May 21, 1999, after the preliminary examination, the Trademark Bureau issued a 3-month announcement on mark “Jianyu Great Wall and design” in 2001. COFCO filed an opposition to the mark “Jianyu Great Wall and design” on the last day of the announcement period. Later on, the Trademark Bureau started re-examination to the trademark “Jianyu Great Wall and design” and up to now no decision has been made as to whether to allow the mark “Jianyu Great Wall and design”. According to Trademark Law, the enterprise is entitled to use unregistered mark, and thus the two defendants have used the mark “Jianyu Great Wall and design” for manufacturing and selling their own products.
The two defendants hold that, being an excellent historical and cultural heritage of the nation, the Great Wall is not private property of any enterprise. It is not right that because COFCO has used the word Great Wall, and others are not allowed to use it. Private and state-owned companies are under equal protection of the law.
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