The high-end fashion brand, Burberry, has recently won an impressive IP infringement case in China, after taking Xinboli Trading Shanghai to the Jiangsu Provincial High People’s Court. Burberry was represented by Lushend, an IP-specialised Chinese law firm.
The claim was made to protect the brand’s famous checked clothing and accessory items after the defendant had been selling products using Burberry’s trademarked pattern, using an eerily similar trademark ‘Baneberry’, and registering, and using, a logo comparable to the brand’s Equestrian logo. The court heard about the defendant’s use of over 40 stores in the country over the duration of 12 months to increase their sales of the parallel products.
Burberry was eventually awarded over 6 million renminbi (just over £675,000) in damages, which were calculated based on the total number of infringements. The court, in determining these damages, reviewed over 5,000 pages of evidence from Burberry, most of which aided in proving that the brand’s trademarks had been registered and were very well-known in China by the time Xinboli Trading Shanghai had begun infringing.
A statement from Burberry said “China is home to one of the largest luxury goods markets globally, making it a key market for Burberry. Upholding our brand reputation in China is critical, and thanks to Lusheng’s skill and commitment to local enforcement, we’ve been able to maintain a high level of protections on our brand.”
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