DEALS
Zhong Lun Helps "怡寶" and "C'estbon" Trademarks Obtain Judicial Certification and Protection as Well-known Trademarks
Zhong Lun Helps "怡寶" and "C'estbon" Trademarks Obtain Judicial Certification and Protection as Well-known Trademarks
Shanghai High People's Court recently issued a judgment on the second instance proceedings of the trademark infringement and unfair competition lawsuit lodged by China Resources C’estbon Beverage (China) Co., Ltd. (hereinafter referred to as "CR C’estbon"). The court rejected the defendant's appeal, upheld the first instance judgment, determined that the "
" and "
" trademarks are well-known trademarks and ordered the defendant to stop all infringing activities, make public statements to eliminate adverse impact, and pay the maximum statutory damages of RMB 5 million and all reasonable enforcement expenses.
Mainly engaged in packaged drinking water and beverages, CR C’estbon is a well-known enterprise and leader in the industry. After years of development and business operation, “怡寶C'estbon" has become a household name and one of the benchmark brands in China's drinking water and beverage industry. As the "怡寶C'estbon" brand gains more influence and popularity, some market players seek to cash in on the brand’s goodwill by imitating the brand and taking free rides, which led to infringement lawsuits.
China’s trademark regime has put in place the "well-known trademark" system to give special protection to a small number of trademarks familiar to relevant public. However, courts are generally cautious about the recognition of well-known trademarks. Obtaining well-known trademark certification requires sufficient evidence to prove high reputation and influence in relevant market, and the certification in turn represents high recognition of the brand value and corporate goodwill associated with the trademark. Therefore, recognition of 
and 
as well-known trademarks in this lawsuit is of great significance to the development and protection of the "怡寶C'estbon" brand.
This case was handled by Zhong Lun team led by partner Helen Cheng, and team members included associate Joseph Feng. The Zhong Lun team combed through the history and achievements of and trademarks, pooled comprehensive and detailed supporting materials to illustrate the trademarks’ reputation, successfully mounted sufficient evidence of infringement and actual confusion, and thereby finally achieved a thorough success in this case.
Professionals
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Helen CHENG
Equity Partner
ShanghaiPractices： IP Licensing & Enforcement,Litigation & Arbitration,Antitrust & CompetitionIndustries： Energy & Power,Information & Intelligence Technology,Pharmaceuticals & Life Sciences,Education & Training,Media, Sports & Entertainment -
Helen CHENG
Equity Partner
Shanghai
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