Showing posts with label apology. Show all posts
Showing posts with label apology. Show all posts

Thursday, January 20, 2011

New Game: Claim To Have Organised A Conference You Did Not, Say Sorry And Pay RMB 1

Howell International Trade Fair Ltd. (Howell) organised events in China such as: China Game Developers Conference and ChinaJoy. Then United Business Media LLC (UBM), who organised the Game Developers Conference in the US, claimed to "have hosted alone or together with IDG the China Game Developers Conference 2007."

Howell sued UBM in 2009 before the Beijing No. 2 Intermediate People's Court. Because UBM did not register trademarks in China for Game Developers Conference or GDC, in First Instance the court ruled that UBM's claims on exclusive rights constitute dissemination of false propaganda. The penalty for dissemination of false propaganda in this case is interesting.

"UBM shall, within thirty days after the judgement becomes effective, publish an announcement in the magazine Computer Information World acknowledging UBM's anti-competitive business practices so as to eliminate the ill effects thereof and, also, within ten days after the judgement becomes effective, compensate Howell for damages in the nominal amount of RMB 1."

Sorry and RMB 1 ... WTF?
Is such a penalty a deterrent for other conference organizers for claiming events they did not organize? What conference organizers could take away from this judgment is that registering the name of your events as trademarks in the jurisdictions where you want to be active is a good idea.

Read the Sun Herald article here.
continue reading ...

Thursday, July 17, 2008

Face Saving Cultures Don't Like to Make An Apology

Mr Piter de Weerd, editor of Boek9.nl (Dutch) Book9.nl (English), the excellent blog about intellectual property rights in the Netherlands, pointed me to the article of
Seattle Trademark Lawyer Mr Michael Atkins, who was startled about the remedies Japan's cosmetic giant Shiseido was seeking against the Chinese users of the Shidoas trademark: damages and ... an apology.

However, in 'face saving cultures' (which include China and Japan) it is considered a punishment to have to apologise.

Although an apology is not stated as a remedy in the Chinese Trademark Law, it is in article 46 of the Chinese Copyright Law, which shows that apologies have found their place in Chinese IP law as a remedy.

Read Mr Atkins article here.
continue reading ...