Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark infringement claim before a Chinese court. The case involves cutting-edge IP issues such as the distinctiveness and infringement assessment for 3D-trademarks, and
Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the
In our Global IP Outlook for 2018 we flagged the following key automotive industry issues to consider for developments over the year. This post collates our related LimeGreen IP insights… and then some. Keep an eye out for our Global IP Outlook 2019 in the new year! Connected Cars present a tremendous opportunity for automotive companies and consumers.
China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded
In this hoganlovells.com interview, partner Celine Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles (AVs). She discusses the increased exposure of automotive manufacturers and suppliers to litigation from patent aggressors, how new autonomous vehicle technologies influence intellectual property transactions, and challenges involved in setting telecom-related
Original equipment manufacturing (OEM) is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark
Summary After years of controversy surrounding the legal status of original equipment manufacturing (“OEM“), China’s Supreme People’s Court has finally handed down what may become a landmark judgment in the Focker v Ya Huan case. Introduction The controversy regarding the status of OEM infringement initially arose because the Trademark Law does not give any clear-cut