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Mrz 16, 2015
Yan Zhang, Wan Hui Da Intellectual Property Agency, China
Simon Yan, Wan Hui Da Intellectual Property Agency, China

2D trademark helps to protect 3D bottle shape


Yan Zhang, Wan Hui Da Intellectual Property Agency, China, Simon Yan, Wan Hui Da Intellectual Property Agency, ChinaChangsha Intermediate People’s Court holds that the alleged infringing product and the Plaintiff’s registered trademark both exhibit a bottle shape with round shoulder and short neck. The bottle contours of the alleged infringing product and that of the Plaintiff are hardly different visually. Although the Plaintiff’s registered trademark is two-dimensional and the alleged infringing product is in three-dimensional shape, in view of the popularity and distinctiveness of the genuine product of the Plaintiff, it is still likely that the relevant public may assume the origins of the alleged infringing product have certain association with the Plaintiff, which constitutes similarity according to the Trademark Law.
THE ABSOLUT COMPANY AKTIEBOLAG (hereinafter referred to as TAC) is the owner of the series of trademarks “绝对” (absolute in Chinese) and “Absolut”, including the two-dimensional trademarks: No. 3377850 (Figure 1) and No. 4448681 (Figure 2). TAC found in the market an infringing product named “Success Vodka”, which not only uses the infringing trademark of “Success Vodka”, the blue fonts and a decoration that  read more