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Uniqlo Trading Co. v. Guangzhou Compass Exhibition Service Co.

(2018) Zui Gao Fa Min Zai No. 396 (2018)

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Uniqlo Trading Co. v. Guangzhou Compass Exhibition Service Co.

China Supreme People’s Court
(2018) Zui Gao Fa Min Zai No. 396 (2018)

Facts

Guangzhou Compass Exhibition Service Co., Ltd. (Compass) (plaintiff) and its partner, Guangzhou Zhongwei Enterprise Management Consulting Services Co., Ltd. (Zhongwei) (plaintiff), provided corporate event-planning, management, and consulting services. Collectively, Compass and Zhongwei held more than 2,000 registered trademarks, including one for clothing products that resembled the trademark of Uniqlo Trading Co., Ltd. (Uniqlo) (defendant). Uniqlo’s trademark was registered later. Compass and Zhongwei alleged that Uniqlo was infringing their earlier trademark. Legal representation for Compass and Zhongwei demanded 8 million yen from Uniqlo for use of the earlier trademark. Compass and Zhongwei then initiated dozens of trademark-infringement actions against Uniqlo; Uniqlo’s parent company, Fast Retailing Co., Ltd. (defendant); and a sales branch of Uniqlo, the Shanghai Shipyard Road Store (defendant). The Shanghai First Intermediate People’s Court held that Uniqlo had infringed the trademark held by Compass and Zhongwei but that Uniqlo was not liable for damages because Compass and Zhongwei had never put the trademark to use. The Shanghai High People’s Court affirmed. Uniqlo appealed to the China Supreme People’s Court.

Rule of Law

Issue

Holding and Reasoning ()

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