The Beijing Haidian Court announced on December 23, 2024 that it ruled for Michael Kors against three unnamed defendants. The Court awarded 5 million RMB for trademark infringement of the MK trademark, unfair competition, and reasonable expenses. The Court also awarded an injunction. No appeal was filed rendering the judgement final.
Two of the defendants, an unnamed leather goods company (presumably ??????????? based on trademark registration data) and an unnamed trading company, jointly argued that they disagreed with all the plaintiff’s claims for the following reasons: First, the leather goods company legally holds and uses the registered trademark No. 22557474 “MKO” and the registered trademark No. 23279853 “MAITANE KALOS” to engage in production and business operations. The trading company, with the permission of the leather goods company, uses the aforementioned trademarks to jointly produce and sell the allegedly infringing products. Second, although the aforementioned trademarks used on the allegedly infringing products have been declared invalid, the leather goods company and the trading company have no subjective fault and no objective infringement, and therefore did not infringe the trademark rights involved in the case. Third, the amount of compensation claimed by the plaintiff has no factual basis for infringement damages, and the plaintiff not provided sufficient evidence to prove the actual amount of economic losses, and should be rejected in accordance with the law.
Read more at the National Law Jnl
