International designer goods giant LVMH prevailed in a trademark dispute against Wang, a domestic handbag maker after Beijing No.1 Intermediate People's Court enjoined Wang from using Louis Vitton on its product which was granted design patent.

In December 2002, Wang filed a design application with the title handbag to SIPO.  Patent was granted in October 2003.

In April 2007, LVMH sued Wang to the Beijing court, claiming Wang copied its registered trademark on his handbag without its authorization.  Wang even filed a design application.  Market use of the design patent will bring confusion and misrepresentation of the source of the product to an ordinary consumer.  Wang did not present his defense in writing.

The court held, though there was no evidence that the defendant had put the design patent into production, the objective of filing a design application was for market use.  The product was destined to be used in market.  In an attempt to keep the plaintiff's registered trademark intact, the court ruled filing a design application fell in the scope of other acts infringing a registered trademark under the Trademark Law.

(China IP News)