Bridgestone has been embattled by trademark and patent cases
this year. For an established company doing business in China, this may seem
routine. Bridgestone currently has 141 manufacturing plants in 24 countries and
a worldwide popularity. It seems natural that smaller unscrupulous businesses
will attempt to ride this reputation to leverage their campaign.
GencoTire's trademark |
This year, the Japanese tire company has succeeded in two copyright and patent infringement campaigns. Both successes portend a favorable future for foreign businesses in China, as Chinese courts move towards more exhaustive measures in protecting business rights.
The two-year battle against Guangzhou Bolex
Bridgestone started its lawsuit against Guangzhou Bolex Tyre
Ltd. in March 2010. Bridgestone alleged that Guangzhou Bolex infringed its
trademark by marketing in a similar sound “Gemstone” brand. Moreover, the
“Gemstone” mark has a typeface that closely resembles Bridgestone’s.
The court battle began in the Tianjin Binhai New Area
People's Court. The verdict favored Bridgestone. Guangzhou Bolex immediately
filed for an appeal, taking the case to Tianjin No.2 Intermediate People's
Court. The court upheld the initial decision, siding Bridgestone in its claim
that the Chinese manufacturer did breach their trademark.
Guangzhou Bolex was ordered by court to immediately stop the
manufacture and sales of their Gemstone brand. Subsequently, Guangzhou Bolex
was ordered to pay damages (the amount remains undisclosed).
A patent case against Qingdao Genco Industrial Group Co
Barely three months after Bridgestone won the case against
Guangzhou Bolex, it won another court battle against Shandong-based Qingdao
Genco Industrial Group Co. Bridgestone accused Qingdao Genco of using a tire
tread pattern that is similar to their designs for bus and truck tires.
Following the victory, Bridgestone announced that it will
continue to take aggressive measures to protect its trademark.
Points to ponder for 2014
China is becoming an increasingly relevant market for both big and mid-sized firms. Even smaller firms are seeing a goldmine in the
Chinese market. Not only is China ideal for manufacturing and research, the
growing purchasing power of its consumers is also luring more firms to enter
the dragon.
But businesses, the smaller firms especially, should take
more precaution in protecting their trademark before taking that slow boat to
China. Even big firms, backed by highly paid lawyers, did not escape the chains of trademark squatters and copyright infringers.
Businesses and organizations should take more rigorous precaution in
protecting their rights. It is best to register ahead of time, and China is a
market that no growing company can neglect. A local law firm is the best option
when it comes to protecting business rights in China.
By the way, if you want to know more about the biggest
trademark cases in China this year, please check
out this excellent article I have found recently.
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