Page 213 - مجلة الملكية الفكرية العدد كامل
P. 213
المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
a certain degree of fame in Beijing High People’s Court
China as early as 2010 by ruled in its appellate review
Emerson’s continuous and that Xiamen Anjier’s pira-
extensive use in commerce. cy violated Article 41 of the
Trademark Law (2001)38, the
Xiamen Anjier Water Angel legal representative of Xia-
Drinking Water Equipment men Anjier – Wang Yiping
Co., Ltd. (now called as – registered another com-
Xiamen Home Spring Drink- pany called Xiamen Hai Na
ing Water Equipment Co., Bai Chuan Network Tech-
Ltd., “Xiamen Anjier”) was nologies Co., Ltd. (“Xiamen
established in 2008. Starting HNBC”) to continue the pi-
from December 2010, Xia- racy with Xiamen Anjier.
men Anjier filed to register
trademarks that were iden- As of the filing date of the
tical with the In-Sink-Erator civil action, Xiamen Anji-
Trademarks on goods and er and Xiamen HNBC had
services that were closely filed 48 trademarks that
associated with those of- were identical or similar with
fered by Emerson in sever- the In-Sink-Erator Trade-
al classes. Emerson had to marks in 14 classes, 47 of
file oppositions, opposition which were represented by
appeals and even court ap- the same trademark agent
peals against decisions on named Xiamen Xingjun In-
opposition appeals to defeat
these bad-faith filings. After 38 Case Docketing Numbers: (2015)
Gao Xing (Zhi) Zhong Zi Nos. 3968,
3969, 3970, and 3978.
213
