On March 13, 2016 Apple Inc. lost against the Xinting Tiandi Science and Technology (Beijing) Co., Ltd. (XTST) in the Chinese courts of last instance. The courts confirm, that Apple Inc. has no exclusive right on the brand “iPhone”. That means, that XTST is allowed to sell leather products and leather like products, for example wallets, handbags, phone pockets, etc. under the name “iPhone”.
The judgment is controversially discussed. Apple Inc. refrained to register the brand “iPhone” in time, so that XTST first registered the brand in 2007. Apple Inc. object to the registration in 2010, but complained two years later and therefore five years after the registration.
Apple Inc. could have avoided the defeat in court, if it registered the brand in China timely and followed up the violations immediately and efficiently.
In the intended market of products, which is based on a branched manufacturing process, but also in simple cases, which have or should have a transnational dimension, the founder should take special care of the protection of its rights. Unfortunately this is disregarded in many cases for whatever reasons. Therefore, a knowledgeable lawyer can point out the risks and deliver appropriate solution strategies.
This text is available in German and Chinese. Just go to the News section in your preferred language.
The judgment is controversially discussed. Apple Inc. refrained to register the brand “iPhone” in time, so that XTST first registered the brand in 2007. Apple Inc. object to the registration in 2010, but complained two years later and therefore five years after the registration.
Apple Inc. could have avoided the defeat in court, if it registered the brand in China timely and followed up the violations immediately and efficiently.
In the intended market of products, which is based on a branched manufacturing process, but also in simple cases, which have or should have a transnational dimension, the founder should take special care of the protection of its rights. Unfortunately this is disregarded in many cases for whatever reasons. Therefore, a knowledgeable lawyer can point out the risks and deliver appropriate solution strategies.
This text is available in German and Chinese. Just go to the News section in your preferred language.
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