Victoria's Secret Wins Trademark Lawsuit

Recently, the world wide famous underwear brand "Victoria's Secret" won a trademark and unfair competition lawsuit in Shanghai, China. The brand owner, Victoria's Secret Stores Brand Management, Inc.(VS), whose claims were supported by Shanghai No.1 Intermediate People's Court, got a compensation for financial loss of 500,000 Yuan from the defendant, Shanghai Maisi Investment Management co., Ltd.(Maisi).
  
In the pleading, VS alleged that Maisi used Victoria's Secret trademark on Maisi's store signboard and fashion shows without authorization; besides, Maisi claimed itself as VS's China Head Quarter on some website. VS sued Maisi for its trademark infringement while Maisi claimed that its behavior in selling was fair.
  
The Court held that, Maisi's using VS on its store signboard and fashion shows was obviously beyond the scope of using for selling goods; Maisi's using VS trademark and claimed itself as VS's China Head Quarter on some website was trademark infringement for its using same trademark on same service. The Court also held that Maisi's misleading advertising gained itself unfair competitive advantages, and it would have negative influence on VS for its selling in far higher price. The Court so made the judgment. 

(China IP News)

2014-12-18