What Your Company Should Know About Protecting Against Trademark Infringements in China’s Fashion Apparel Industry


It is no secret that trademark infringements are rampant in the People’s Republic of China (“PRC” or “China”). As the popular phrase goes, “???,???,” which translates to “feigning as brand name companies and free riding on their coattails,” these cases have steadily increased over the years. In fact, in 2012 alone, PRC courts have heard 19,815 trademark civil cases and 1,123 trademark administrative and unfair competition cases. With the rising number of disputes, PRC courts have taken an active stance to resolve disputes and protect companies from improper trademark infringements and unfair competition. Most notably, in March 2013, the Supreme People’s Court issued guidance on two “typical” cases that pertain to the fashion apparel industry, highlighting the direction in which PRC courts are handling infringement cases.

Two “typical” cases on trademark infringements -

1. Jack & Jones: Infringement on Domain Name -

One trademark infringement case involves the leading Danish men’s apparel company Jack & Jones. In Jack & Jones, Defendants Cui Huan and Du Xinghua registered the domain name of jackjonescn.net without the Plaintiff Bestseller Company’s (the company with exclusive Jack & Jones trademark rights in China) authorization, using this domain name to establish a Jack Jones Chinese website. The defendants’ website included multiple infringements of Jack & Jones trademarks, including heavy use of the name and logos in website search results, main webpage, and company introduction. The defendants also used Jack & Jones trademarks and images in the clothing catalog to sell fake Jack & Jones products.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:


K&L Gates LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.