The trademark melee between Beijing Shixianjiaodian Sci-Tech Company and French publishing giant, Les Publications Conde Nast S.A. goes to another level recently.  Disgruntled first instance loser Shixianjiaodian appealed to the Beijing High People's Court, which would later take the case.

A Shixianjiaodian principal argued, before Conde Nast put its registered trademark Vogue in actual use in the mainland, Shixianjiaodian registered its domain name e-vogue.com.cn on January 30, 2004.  In addition, vogue is an ordinary English word.  The trademark Vogue is neither original nor distinctive.  The word Vogue's meaning in Chinese, 时尚 is a straight description of the vogue industry.  Pursuant to the Implementing Regulations of the Trademark Law, where a registered trademark is descriptive of the goods or service it represents, the right holder shall not enjoin others from equitable use.  Shixianjiaodian has sought revocation of the trademark in question before the Trademark Review and Adjudication Board.

(China IP News)