As one of the most famous brands for household products, Tupperware now provides a wide variety of consumer products in China and worldwide. The increase in popularity of Tupperware’s products in China has created an increase in the volume of counterfeits of the company’s products, which have begun to enter the market through different channels. In order to protect the company, its franchisees, and the rights and interest of consumers, Tupperware has been working with Chang Tsi & Partners to combat the high volume of trademark infringement.
In 2016, Hefei PSB conducted a criminal raid action against two defendants. During the criminal raid action, several thousand pieces of counterfeit Tupperware products were seized. The two defendants sold counterfeit Tupperware products through a Taobao.com store and the sales amount of counterfeit Tupperware products was in excess of RMB1 million. In 2017, Hefei Intermediate People’s Court issued a final judgment against the two defendants, for the crime of selling goods bearing a registered trademark. The two defendants were sentenced to five years in prison and fined CNY 900,000 (approx. USD 135,000). From the very beginning, Chang Tsi & Partners provided close assistance in the investigation of the suspects, and developed an enforcement strategy, reported to the PSB, collected evidence, communicated and followed up with the PSB and Procuratorate, etc.
In 2018, the abovementioned case was selected by The Supreme People’s Procuratorate of PRC as one of ten classic cases regarding protection of intellectual property rights in 2017. As a warning to infringers, thed unauthorized use of intellectual property rights can and will result in severe criminal penalties and civil liabilities. Chang Tsi lawyers, who have ample experience in both criminal and civil cases regarding intellectual property enforcement cases, will continue to provide legal advice and assistance to protect clients’ intellectual property rights。
This case is the first one that the trademarks of Tiffany and Company (hereinafter referred to as “Tiffany”) are recognized as well-known trademark via
Our client LS&Co. is the owner of “LEVI’S” in China. Its brand “LEVI’S” is known as “Li-Wei-Si” (In Chinese: 李维斯) by Chinese consumers. A trademark squatter, an individual named Liu Zuofu, registered a trademark fully incorporating “Li-Wei-Si” as early as 2010: “Ku-Ai-Li-Wei-Si.” At this time the client owned no prior registration of the Chinese mark “Li-Wei-Si.” Liu Zuofu also owns a company named Guangzhou City Yixuan Apparel Co., Ltd. to manufacture and distribute “Ku-Ai-Li-Wei-Si” branded infringing jeans.
Under the trend of the globalization, China is planning to take one step forward to improve the design patent legal environment. Specifically, China plans to amend the patent law in order to harmonize with the laws in other major member countries in universal design patent treaty.