Among the things that can create significant problems for a U.S. business operating in China are its trademarks being infringed. Among the legal actions a U.S. company may be able to take if it suspects one of its trademarks is being violated in China is pursuing a trademark infringement lawsuit in the Chinese legal system.
Some news has recently come up regarding such a lawsuit. The lawsuit was brought by Under Armour, the sports apparel company. A Chinese court recently made a ruling on this lawsuit.
Under Armour filed the lawsuit in 2016 against the Chinese company Uncle Martian. Under Armour accused Uncle Martian of infringing on its logo and other aspects of its intellectual property.
In November 2016, a preliminary injunction was granted to Under Armour against Uncle Martian in connection to the case.
The recent court ruling also went in Under Armour’s favor. The court ruled in favor of the company’s trademark infringement claims. It has ordered Uncle Martian to pay a damage award to Under Armour and to cease its infringing activities.
However, this ruling has not brought this matter completely to an end. Uncle Martian reportedly is appealing the court’s decision.
As this case underscores, legal actions brought in connection to alleged trademark infringement in China can have many different phases and can involve a range of different types of proceedings. In each phase of such actions, it can be important for a U.S. company to understand the unique rules and processes that Chinese law has for the proceedings involved in that phase. Attorneys experienced in U.S.-China intellectual property litigation can advise U.S. companies throughout the process of taking legal actions to defend their trademarks in China.
Source: Securing Industry, “Under Armour wins $300,000 ruling against Chinese firm,” Aug. 9, 2017