Wang Suiyong v. Shenzhen Ellassay Clothing Co. and Hangzhou Yintai Cen. Department Store Co.
China Supreme People’s Court
Guiding Case No. 82 (2017)
- Written by Eric Miller, JD
Facts
Shenzhen Ellassay Clothing Company (Shenzhen Ellassay) (defendant), which began operation in 1999, obtained registration for a trademark consisting of its brand name in Chinese letters. The trademark applied to the sale of wallets, purses, and similar items. In 2011, Wang Suiyong (plaintiff) obtained registration for a trademark consisting of Chinese letters that were apparently identical to Shenzhen Ellassay’s trademark and applying to the same type of products. Wang then brought a trademark-infringement suit against Shenzhen Ellassay and one of the sellers of Shenzhen Ellassay’s products, Hangzhou Yintai Century Department Store Company (defendant). Both the Hangzhou City Intermediate People’s Court and the Zhejiang Province Higher People’s Court ruled against Wang, who subsequently appealed to the China Supreme People’s Court.
Rule of Law
Issue
Holding and Reasoning (Yanfang, J.)
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