Rules on Judgment of Three-dimensional Mark Infringement

—Dispute Case of Yakult Honsha Co., Ltd., and Shanghai Yakult Dairy Co, Ltd. etc., vs. Zhejiang Really Food Co., Ltd. and Shanghai Lekema Supermarket Co., Ltd. over the Infringement of the Trademark Rights and the Unauthorized Use of Packaging and Decoration Peculiar to the Famous Commodity

[Abstract]

For the approximate judgment of three-dimensional marks, there are two kinds of situation that “three-dimensional marks are outstanding” and “three-dimensional marks are not outstanding but the plane elements are outstanding.” If the three-dimensional marks with distinctive features in two trademarks are identical or similar, or the three-dimensional marks with distinctive features are the same as or similar to other plane elements, which may easily confuse and mislead the relevant public with respect to the source of commodities or services, the same shall be deemed as identical or similar; if the three-dimensional marks without distinctive features in two trademarks are not identical or similar, but other plane elements with distinctive features are identical or similar, which may easily confuse and mislead the relevant public with respect to the source of commodities or services, the same shall remain deemed as identical or similar.

[Case Review]

Plaintiff: Yakult Honsha Co., Ltd. (hereinafter referred to as “Yakult Honsha”)

Plaintiff: Shanghai Yakult Dairy Co, Ltd (hereinafter referred to as “Shanghai Yakult Company”)

Plaintiff: Yakult (China) Investment Ltd., residing at Room 06, 20/F, Bay Ordos Building, No.1118, South Pudong Road, Pudong New Area, Shanghai (hereinafter referred to as “Yakult China”)

Defendant: Zhejiang Really Food Co., Ltd. (Hereinafter referred to as “Really Company”)

Defendant: Shanghai Lekema Supermarket Co., Ltd. (hereinafter referred to as “Lekema Company”) 

Rules on Judgment of Three-dimensional Mark Infringement (I)

Rules on Judgment of Three-dimensional Mark Infringement (II)

Rules on Judgment of Three-dimensional Mark Infringement (III)