The Shanghai High People's Court recently put an closure to the scuffle between Lacoste and Shanghai Europe Crocodile Stationery Co., Ltd and Shanghai Heng Fuli Commercial Company, denying Lacoste's request and upholding the first instance decision.
The Shanghai Europe Crocodile Stationery is a Shanghai-based pen manufacturer, which has used their own figurative trademark of a crocodile on their products. However, the company was brought to the court by Lacoste on the ground of trademark infringement. The court held that though crocodile images were seen in both marks , there is noticeable disparity in the visual effects and the details such as the head orientation, squama, tail, mouth etc.
(China IP News)
2013-07-17