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Jul 22, 2014
Guanbin Xie, Lifang & Partners, China
Peng Cai, Lifang & Partners, China
First published on www.lifanglaw.com

China: Well-known Trademark Determination - a Case Stud...


Guanbin Xie, Lifang & Partners, China, Peng Cai, Lifang & Partners, China, First published on www.lifanglaw.comOn May 20, 2014, in the first instance decision re H.J. Heinz Company v. Dongguan Heng Shi Education Information Ltd., the Intermediate Court of Guangzhou determined that the trademarks “HEINZ” and “Heng Shi” (two Chinese characters as Heinz’s transliteration) registered by H.J. Heinz company (“H.J. Heinz”) were well-known trademarks, and uses of the two trademarks by Dongguan Heng Shi Education Information Ltd. on its company name, websites and advertisement constituted infringement and unfair competition. (2011) Shui Zhong Fa Min San Chu Zi Di 262.
Plaintiff, H.J. Heinz Company, is a globally known supplier of baby food and condiments. As early as March 1998, H.J. Heinz registered the two trademarks in China with registration numbers 1277794 for “Heng Shi” and 1277791 for “Heinz” in class 5, baby food and medical nutritious food. The two trademarks were then exclusively licensed to  read more