On April 15 the Intellectual Property Joint Meeting Offices of Jiangsu Province, Zhejiang Province and Shanghai Municipality jointly convened a press conference entitled “2016 Intellectual Property Development and Protection Status in the Yangtze River Delta”. The press conference also announced the 2015 Shanghai Top 10 Classic IP Cases. Among the selections was the trademark infringement case Hangzhou West Lake Longjing Tea Industry Association v. Shanghai Yuqianchun Tea Co., Ltd., in which W&B represented the plaintiff. The China People’s Court News published this case on April 14, 2015.

Approved by the Hangzhou People’s Government, Plaintiff Hangzhou West Lake Longjing Tea Industry Association successfully registered the geographical indication certification trademark “西湖龙井” (“West Lake Longjing”, No. 9129815) for tea in Class 30. Defendant Shanghai Yuqianchun Tea Co., Ltd. used packing bags, gift packages and tea caddies bearing the mark “西湖龍井” (“West Lake Longjing” in traditional Chinese) for the sale of tea, and printed the mark “虎牌西湖龙井” (“Tiger Brand West Lake Longjing”) on its business cards. The Yangpu District People’s Court, which heard the case, held that Defendant’s act infringed Plaintiff’s trademark rights, and that Defendant was liable for cessation of infringement as well as money damages.

Comment: A certification trademark functions as a mark that enables the public to recognize the source of specific goods or services. The infringement of a certification trademark impairs the public’s ability to identify the specific quality of goods or services by its trademark, and also prejudices the rights and interests of the public. The owner of a certification trademark is entitled to prohibit unauthorized use, and to investigate infringement liability against offenders who apply their certification trademarks to goods that do not originate from the claimed place of origin, that are of insufficient quality, or are not made using the certified materials or manufacturing method. This case was a typical geographical indication trademark infringement dispute. The trademark “西湖龙井” registered by Plaintiff enjoyed an extremely high reputation and operated as a carrier of Chinese traditional culture and the unique tea production techniques in China, where tea culture flourishes. The court ruled that the Defendant was prohibited from using the certification trademark on goods that did not originate from the designated region or did not possess a certain quality. The decision effectively protected the goodwill of the disputed trademark as well as consumer thereby maintaining a harmonious market order.

W&B has extensive trademark litigation experience, and provides legal services to world-renowned enterprises including Starbucks, Nikon, Wanchai Ferry, Baosteel, Coco-Cola, Lindt, Zegna and Uniqlo. W&B will continue to protect its clients’ goodwill as well as the consumers’ interest in maintaining harmonious market order.