Facebook Status Update: A Big Win for U.S. Trademark Protection in China
Late last month, Facebook walked away from China with an unprecedented win for U.S. trademark protection. The Beijing Higher People’s Court ruled in favor of Facebook in a dispute that arose between the social media company and a Chinese beverage company, Zhujiang Beverage, that owned the rights to “face book.” Zhujiang Beverage registered its trademark for “face book”, or “lian shu”, back in 2011. Although Facebook initially objected to Zhujiang’s move to trademark “face book,” Zhujiang was granted approval to use the trademark from the Trademark Review and Adjudication Board in 2014. In its decision, the court revoked Zhujiang’s trademark and ordered the Trademark Review and Adjudication Board to review its initial decision to grant the rights to “face book” to Zhujiang. Although Facebook was able to secure a favorable ruling, many in China, especially users on China’s social media platform, Weibo, are critical of the decision by the Beijing court. The marketing manager of Zhujiang Beverage, Liu Hongqun, stated, “Lian shu is something very Chinese," arguing that Zhujiang’s use of the term “face book” is in reference to traditional Chinese masks called “face books” which are used to represent historical characters in Chinese operas. Liu argued that while Facebook is a known, global brand, Facebook is not as well known in China, because the Chinese government blocked Facebook in 2009. Liu stated, “How many Chinese customers get access to or signup for Facebook in mainland China?”
While many in China are criticizing this ruling, U.S. companies are celebrating the decision as a potential sign of the changing landscape for U.S. trademarks in China. In recent years, U.S. trademarks have not fared well in China. For example, last March, a Beijing court ruled that Chinese handbag manufacturer could continue to use the trademark “IPHONE.” Although Apple registered the iPhone trademark in the U.S. in 2002, the court stated that Apple was unable to prove that its brand was famous in China before the handbag company registered for the “IPHONE” trademark in 2007. The Facebook ruling now sets the stage for another potential dispute between a U.S. and Chinese corporation, as U.S.-based athletic gear maker, Under Armour, contemplates legal action against a new Chinese sports apparel company named Uncle Martian, who unveiled a logo for its company that is remarkably similar to Under Armour’s well-known logo.
Source: http://blogs.wsj.com/chinarealtime/2016/05/09/facebook-wins-a-trademark-battle-in-china/
For more information on this topic, please visit our Trademark Protection service page, which is part of our Trademarks practice.
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.
Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.
Pin it for later: https://www.pinterest.com/pin/315252042648370398/