Burberry has been granted an injunction against Xinboli Trading (Shanghai) Co., Ltd, the owner of the Chinese brand Baneberry, for trademark infringement by Intermediate People’s Court of Suzhou.
The defendant, Baneberry owns over 40 stores in China, most of their stores locate in luxury shopping malls which surprisingly staying close from retail stores of the plaintiff, Burberry. Baneberry expand very rapidly and strength their hands to e-commerce market. Its logos and trademarks caused confusion and mislead to consumers, in the result, the China market share of Burberry has going downslope in the past 18 months.
The court agreed that Burberry is a well-known brand and the registered trademark “BANEBERRY” owned by the defendant is likely to create confusion. Article 13 of the Trademark Law: A holder of a trademark that is well-known to the relevant public may request for protection of the trademark as a well-known trademark in accordance with this law if the holder is of the opinion that its right have been infringed upon. If the final judgement will confirm Burberry is a well-known trademark, the defendant will be punished due to the intent infringement.
The conviction is BANEBERRY must immediately stop all kinds of infringement and further publishment will grant after the calculation of huge economic damage.