Shanghai Starbucks renamed to Fangyun Café

After two-year exhaustive legal proceedings of first instance, second instance and an additional three months of enforcement of judgment by the Shanghai No. 2 Intermediate People's Court, the dispute over trademark infringement of Starbucks ended with the alleged Shanghai Starbucks' changing its name to Fangyun Café.  It is the first time for any Shanghai court to mandate the change of a company's name when enforcing its judgment.

Shanghai Starbucks Café and its affiliated Nanjinglu branch were sued by the Starbucks Coffee International and its Shanghai joint venture for the use without authorization of the US company's trademarks星巴克 and Starbucks in the forms of words and figurative signs as company names and service signs.  In December 2005, the trial court, Shanghai No. 2 Intermediate People's Court ruled against the two defendants and ordered them to cease infringement of the trademark right of Starbucks, change their company names, make an apology on a designated newspaper and indemnify damages in the sum of 500,000 yuan to the two plaintiffs.

The decision was appealed by the two defendants and the appellate court, Shanghai High People's court would later uphold the decision.  The effective court judgment, however, was not honored by the two defendants as scheduled.  The plaintiffs then applied for enforcement of judgment to the No.2 Court on 30 January 2007.

2013-07-17