Burberry has secured a preliminary injunction against Shanhai-based Xinboli Trading, the owner of the Baneberry brand, in a Chinese court after it accused the company of trademark infringement.
The Suzhou Intermediate People’s Court confirmed that it had awarded a preliminary injunction to the British fashion brand against the Chinese company on February 19, in a development first reported by The National Law Review.
While permanent injunctions are common in China in IP infringement cases, preliminary injunctions are much rarer, although increasing.
Xinboli has opened 40 physical stores across China under the brand name ‘Baneberry’ over the past year and a half and succeeded in gaining two registrations for the mark in December 2009 and August 2011.
‘Malicious duplication and imitation’
In handing down its decision, the court stated that the trademark “Burberry” and its associated logo had been known to consumers in the Chinese market before the registration of the two disputed trademarks.
“Although the alleged infringing marks ‘Baneberry’ and logo are also registered trademarks, the alleged infringement in this case may be identified as malicious duplication and imitation of the well-known trademarks involved, and may constitute trademark infringement,” it said.
Read more at. https://www.worldipreview.com/news/burberry-wins-prelim-injunction-against-chinese-baneberry-brand-21067
