TRADEMARK HORRORS in CHINA: the DSQUARED2 CASE Bad Faith Use and Copying Are Elements of a Trademark Dispute Involving a Fashion Label, As Fabio Giacopello Explains
CASE STUDY TRADEMARK HORRORS IN CHINA: THE DSQUARED2 CASE Bad faith use and copying are elements of a trademark dispute involving a fashion label, as Fabio Giacopello explains. n August 2014, the Zhejiang High People’s Justin Timberlake, Ricky Martin, Nelly Furtado, I Court published its second instance and Robbie Williams. decision in a case between Dsquared2™ e trademark ‘Dsquared2’ (pictured le ) was SA and Bier Bulasi Ltd. e decision stated that rst led in China on March 19, 2004 via Madrid Dsquared2, a company established and owned with the number 3968186 (TM ’186). e by Dean and Dan Caten, should cease infringing Trademark no. 3968186 application was rejected for all goods of Claass the trademark ‘Dsquared’ no. 3849642 owned by 25, except for raincoats, due to the prior presence Bier Bulasi (pictured right). of TM ’642. e trademarks ‘D2’, ‘D2 Dsquared2’, In April 2014, while the judges were dra ing ‘Dsquared2’ are led and registered in many HYENA REALITY / SHUTTERSTOCK.COM their decision, Dsquared2 was celebrated as a classes (such as 3, 9, 18, 25, 35, etc) in China and special guest at the most important fashion event Trademark no. 3849642 many other countries around the world. in China, Shanghai Fashion Week. Background In the jungle of the trademark system in China, internationally reputed owners and shielded by In late 2011, Bier Bulasi sent several warning where IP owners ght for survival against dubious trademark adjudications. letters to stores selling Dsquared2 goods squatters and counterfeiters, such a decision Reading the rst instance decision, it is clear that originating from the Italian Dsquared2, requiring would not be surprising but for the fact that it TM’642 was not used before 2011 and since then them to stop using the trademark in China.
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