Zhejiang Candy Maker's Claims over Alpenliebe Infrigement Denied at First Instance

The battle for the trademark Nong Nong, which was covered by us in several editions, has some new developments.  The reporter was informed on March 25, Jinhua Intermediate People's Court in Zhejiang did not sustain the  claims of Zhejiang Longyou Pingfen Confectionery and Food Factory that Perfetti Van Melle (China) had infringed its trademark for manufacturing and selling Alpenliebe creamy candies.

In its complaint, Pingfen claims that the two Chinese characters, 浓浓or Nong Nong is its registered trademark for the class of confectionery products and Alpenliebe's labeling of Nong Nong Nai Xiang Qing on creamy candies constituted its exclusive right of trademark.  The court would later hold that the text and figure trademarks of Alpenliebe, which are held by the defendant, takes up predominant place on the candy package.  In this context, the words of Nong Nong Nai Xiang Qing, which is in smaller fonts, would not cause confusion to the public and consequently does not infringe the trademark Nong Nong.  The court herewith denies all the claims of the plaintiff.

2013-07-17