PEPSI Ordered to Indemnify 3 Million Yuan for Blue Storm Infringement

PEPSI uses the words blue storm on the packaging of its products.  On May 24, Zheijiang High People's Court made the final decision to order Shanghai PEPSI to cease manufacture, sales, advertisement and marketing of products affixed with the trademark blue storm and to indemnify three million yuan in damages to Zhejiang Lanye Brewery.

In December 2003, Lanye obtained the registration of a trademark combing words, pinyin (Chinese phonetic alphabets) and a figurative sign.  In December 2005, Lanye sued Shanghai PEPSI for trademark infringement.  In November 2006, the first instance court denied Lanye's claims for finding that the acts of PEPSI and co-defendant Lianhua Supermarket Holdings did not mislead the public or cause confusion.  The disgruntled Lanye appealed.

2013-07-17