Cover Story

“HUJIANG” TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION

In the nationwide faculty adjustment in 1952, the original faculty of University of Shanghai (in Chinese, this name is pronounced “Hujiang”) was merged into four schools including the Shanghai Industrial School.

“WANGLAOJI” CONFIRMATION OF NONINFRINGEMENT OF TRADEMARK RIGHT

While judging whether the plaintiff is eligible for filing a litigation on confirmation of non-infringement of trademark right, the following factors should be considered comprehensively:

“吉尼斯” TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION

Where the accused infringer’s use of a mark is a descriptive or nominative fair use, it shall not be trademark infringement prohibited by China's trademark law. Nominative fair use shall show the the accused infringer’s good faith and not exceed reasonable limits.

DOMINO TRADEMARK INFRINGEMENT

If the trademark is not changed but the product contents are substantially replaced and the product is then sold, the quality of the product changes substantially.

E-COMMERCE PLATFORM TRADEMARK INFRINGEMENT

To determine whether the e-commerce platform constitutes contributory infringement, first, features of the pages where the accused information is posted must be determined, then combined with the introduction of the website