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Anhui KOU ZI Wine Joint-Stock Co., Ltd. Won the Lawsuit for Declaration of Non-infringement of “FU in Chinese”

August 8, 2007
26 June 2007/Anhui KOU ZI Wine Joint-Stock Co., Ltd. v Hunan JIN LIU FU Wine Co., Ltd. / Anhui Huaibei Middle Court of First Instance

Facts

Hunan JIN LIU FU Wine Co., Ltd. (JIN LIU FU Company) is the proprietor of trademark “FU in Chinese” on the goods of “wine”. JIN LIU FU sent a Warning Letter to Anhui KOU ZI Wine Joint-Stock Co., Ltd. (KOU ZI Wine Company), requesting KOU ZI Wine Company to stop using the packages, in which “FU in Chinese” as decoration is prominently used. The JIN LIU FU Company assumed that KOU ZI Wine Company infringed its trademark rights. On behalf of KOU ZI Wine Company, Unitalen Attorneys at Law filed a lawsuit with Anhui Huaibei Middle Court for declaration of non-infringement.

Held

Anhui Huaibei Middle Court believed “KOU ZI in Chinese” is a well known trademark on the goods of wine. “FU in Chinese” is a very traditional and commonly used Chinese character, which means “happiness and good fortune”. Using “FU in Chinese” as a trademark, the inherent distinctiveness is weak. Considering the above, there is no likelihood of confusion for KOU ZI Wine Company’s use of “FU in Chinese” as decoration. Anhui Huaibei Middle Court also noted that there are public policy grounds for allowing KOU ZI Wine Company fair use of “FU in Chinese”. In failure of doing this, would provide JIN LIU FU Company an unfair advantage.

(For more details, please contact Unitalen Attorneys at Law)

　

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