Thursday, December 07, 2006

Final Judgement Hennessy Trademark Infringement: No More Sour Grapes in China

Remember the Hennessy trademark infringement case in 2005? See here.

March 2005, Jas Hennessy & Co. instituted a proceeding against Zhuhai Xiangmutong Trading Co. Ltd. who sold the cognoc and Xiamen Jin (Golden) Huanya Food Co. Ltd. who bottled it, before the Shanghai 2nd Intermediate People’s Court. Jas Hennessy requested the court to order that the two defendants should immediately stop the infringement, publish an apology in Xinmin Evening News to eliminate the ill effects and compensate RMB 500,000 yuan.

The two defendants appealed to Shanghai Higher People's Court.

"Zhuhai Xiangmutong argued that it filed an application for registration of the trademark "Hanlissy 亨力士 and device" with the Trademark Office under the State Administration for Industry and Commerce and the trademark was published after preliminary examination. Zhuhai Xiangmutong believed that their trademark was not similar to those owned by the plaintiff in terms of pattern, color and size. Xiamen Jinhuaya argued that they did not know the infringement since they were only the supplier for the bottling of the cognac and the bottles and trademark representations were provided by Zhuhai Xiangmutong."

October 16, the Shanghai Higher People's Court maintained the first instance judgment which ruled that the two defendants should stop the act of infringement, publish an apology in the newspaper appointed by the court to eliminate ill effects, and compensate RMB 300,000 yuan to the plaintiff.

Hennessy registered the mark "Hennessy" and "Hennessy and device" in China. In 1990 it applied for an international registration of the mark "Hennessy" and was approved in China.
Read more about this case on the site of NTD Patent & Trademark Agency Ltd. here.

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