Jiaduobao (China) Beverage Co., Ltd. v. Chongqing Jiaduobao Beverage Co., Ltd. (case regarding dispute over counterfeiting)

A registered trademark that enjoys certain market popularity should be protected as a legal prior right, whereby it cannot be used as a trade name in any dealer's enterprise name. Accordingly, providing that a registered trademark has enjoyed the popularity recognized by the relevant public, unfair competition is constituted if any entity, in breach of laws, registers it as a trade name in its enterprise name and applies it in practice so that such name is objectively sufficient to mislead the public and cause confusion in the market, impairing the legitimate interests of the trademark owner.

Sichuan Zhuge Brewery Co., Ltd., et al. v. Sichuan Jiangkouchun Liquor Industry (Group) Co., Ltd. (retrial of dispute over counterfeiting the distinctive name, packaging or decoration of well-known products)

The term “unfair competition” refers to activities that violate the provisions of the Anti-Unfair Competition Law, damage the legal rights and interests of others and disturb the order of the socialist economy. Under Article 5, subparagraph 2 of the , for business operators who, without authorization, use the distinctive name, packaging or decoration of well-known products or use similar names, packaging or decoration found in well-known products, where confusion is created between the well-known products of others, thus causing consumers to mistake such products for well-known products, it is unfair competition. Such acts of unfair competition have the following characteristics: (1) the counterfeited products are well-known; (2) the name, packaging or decoration of the counterfeited products have distinctive characteristics that distinguish the source of the products; (3) the counterfeiting act is sufficient to cause confusion and mistake by consumers; and (4) persons committing the counterfeiting have subjective malice to damage competitors. Therefore, in judicial practice, people’s courts are to use the four above-mentioned characteristics to comprehensively determine whether the act of business operators to counterfeit the name, packaging or decoration of well-known products constitutes an act of unfair competition.

Jiangxi Tianyou Pharmaceutical Technology Co., Ltd. v. Jiangxi Kangmei Medicine & Healthcare Products Co., Ltd. (appeal of dispute over counterfeiting of distinctive product name)

Product names are appellations for products, and such names can be divided into generic names and distinctive names. A generic name is a name that makes general reference to all similar products, wherein one product is unable to be distinguished from another product of the same type. A distinctive name is, on the other hand, a unique appellation of an individual product, wherein one product is able to be distinguished from another product of the same type. Under Article 5 of the Anti-Unfair Competition Law, business operators cannot use unfair means to conduct business transactions and damage competitors; including that business operators cannot, without authorization, use the distinctive name, packaging or decoration of well-known products where confusion is created between the well-known products of others, thus causing consumers to mistake such products for well-known products. Therefore, using, without authorization, the distinctive name of a well-known product on similar products is an act of unfair competition, and corresponding civil liability is to be assumed according to law.

                                                                                                                  From：www.chinalawinfo.com