Recently, Shanghai Gaotong Semiconductor Co., Ltd. (hereinafter referred to as  Shanghai Gaotong) v. United States Carcans Company (US chip company, which set up a number of subsidiaries and branches in China with their names containing the word“高通”, hereinafter referred to US Qualcomm) trademark infringement and unfair competition case was heard in Shanghai Higher people’s Court. Shanghai Gaotong for US Qualcomm to stop infringement, and stop using “Gaotong” name and trademark, and reguired 100 million yuan on compensation for economic losses.

It is reported that, since the beginning of the 1990s, Shanghai Gaotong has registered the Gaotong trademark in several categories. After entering Chinese market, US Qualcomm applied for the cancellation of Gaotong trademark to Trademark Office for Shanghai Gaotong had stoped using it for three consecutive years. Then, three“ 高 通 ”trademarks of Shanghai Gaotong have been revoked. Shanghai Gaotong filed administrative proceedings for the above three trademarks cancellation, and accused US Qualcomm for civil cases.

On May 17, the court heard the Shanghai Gaotong v. US Qualcomm trademark infringement and unfair competition case. The court held that, US Qualcomm used the Chinese character“高 通 ”on its chip products and related services, could be classified as the use of trademark and constituted infringement. US Qualcomm held that, the use of the Chinese character “ 高 通 ”trademarks on its chip product was reasonable and could be recognized as bona fide use, which did not constitute the infringement.

It is learned that, both sides offered so mach evidence that the court did not complete the trial that day. And the court will organize another hearing. CIPNews will continue to focus on the case. (by Zhu Wenming)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)