The seller of the famous German stout brand Kostritzer, German Atlantic Trade Consulting Co., LTD. (hereinafter as Atlantic), recently lost a trademark infringement lawsuit in China. The defendant, Beijing Uniworld International Trading Co., LTD. (hereinafter as Uniworld), successfully maintained its trademark by the supporting of Brijing No. 3 Intermediate People's Court.

According to the judgement, the trademark involved were No. 7828456 , No. G701010 and image, No. 6366250 and image, and No. G624253 and image. Those involved trademarks were all valid and approved on Class 32 Beer and other commodities, owned by German Kuschter Schwarzbier Limited Partnership (hereinafter as Kuschter).

In May 2013, Atlantic signed a trademark license contract with Kuschter, to get the exclusive marketing rights in China. In the contract, the 4 involved trademarks were also exclusively used in China by Atlantic.

Atlantic claimed that, it found Uniworld selling stout branding its trademark in lower price, causing Atlantic huge economic losses. Atlantic request Uniworld to stop its infringement and pay the economic losses and reasonable expenses of 3 million Yuan.

Uniworld claimed that, the commodities it sold were legally imported and permitted by the trademark right owner. Then, Uniworld presented its 4 contracts signed with Holland TRIGON FOOD B.V. about trademark and the translation of documents to the Court.

The Court held that, according to the evidence put in by Uniworld, the stout sold by Uniworld were from Kuschter or its related companies, not infringement goods; Kuschter had already got enough economic returns from the goods and the selling action was clear enough to avoid consumers’confusion. Therefore, the Court dismissed Atlantic’s claims. Atlantic then filed an appeal to Beijing Higher People’s Court. CIP News would continue to report the follow- ups.

(by Mao Liguo)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)