Infringement
Paris Court rules Hermès’ copyright and trademark infringed in upcycled fashion case
By Laura Stravinskaite | Posted on July 9, 2025
On April 10, 2025, the Paris Judicial Court handed down a pivotal decision in favour of Hermès, finding that S.A.S. MAISON R&C, S.A.S. ATELIER R&C, and Géraldine Lugassy Demri had infringed Hermès’ copyrights and its registered word mark by incorporating parts of Hermès silk scarves—featuring original graphic works—onto denim jackets marketed as...
Danish Copyright Act – You may (still) lawfully use copyrighted works for parody purposes
By Mette Parlev | Posted on June 10, 2024
An amendment to the Danish Copyright Act will enter into force on July 1, 2024. The amendment codifies a long-used principle in Danish law that the use of copyrighted works in parodies and caricatures does not constitute an infringement of the work. This principle faltered when the Eastern High Court suddenly changed it in a...
Lego’s compensation increased tenfold by appeal court
By Ai-Leen Lim | Posted on May 12, 2021
On 1 April 2020 the Guangdong Higher People’s Court announced that it had awarded Danish toymaker Lego Rmb30 million (approximately $4.58 million) in damages for trademark infringement and unfair competition against Guangdong Meizhi Zhijiao Technology Co Ltd and three other defendants. The amount was increased tenfold compared to an earlier decision by the Guangzhou Intellectual...
Beijing IP Court awards Shell statutory damages
By Ai-Leen Lim | Posted on February 24, 2021
In a recent base before the Beijing IP Court, oil and gas giant Shell International received the maximum amount of statutory damages in a trademark infringement and unfair competition case On January 21, 2021, the Beijing IP Court announced its decision in a trademark infringement and unfair competition case between two plaintiffs and five defendants....
Tags: Beijing IP Court, china, Infringement, Shell, trademarks, unfair competition
Lego’s copyright victory against Lepin in China
By Ai-Leen Lim | Posted on December 14, 2020
Danish toymaker Lego wins another landmark case in China using copyright and anti-unfair competition to protect its market share of the US$15 billion toy and games industry On September 2, 2020, the Shanghai Third Intermediate Court announced sentencing of nine individuals to up to six years imprisonment and fines of RMB 90 million RMB (USD...
China issues Opinions on destroying infringing and counterfeit goods
By Ai-Leen Lim | Posted on October 15, 2020
On August 13, 2020, nine of China’s authorities including the Supreme People’s Court and the State Administration for Market Regulation jointly released the Opinions on Strengthening the Destruction of Infringing and Counterfeit Goods (Opinions). The nine authorities involved are: National Leading Group for Combating Infringement and Counterfeiting, Publicity Department of the Communist Party of China,...
Tags: china, counterfeit, destruction, Infringement, trademarks
CNIPA publishes trademark infringement criteria
By Ai-Leen Lim | Posted on October 15, 2020
To help strengthen and guide trademark law enforcement, provide uniform criteria for law enforcement, strengthen the protection of exclusive rights to use trademarks and create a good business environment, the China National Intellectual Property Administration (CNIPA) has enacted the Criteria for Judging Trademark Infringement (Criteria), which went into effect on June 15, 2020. The Criteria...
Court decisions highlight challenges using copyright to protect designs in Denmark
By AWA | Posted on June 24, 2020
Two eagerly-awaited decisions from the Danish courts serve as a reminder that registered design rights offer greater protection over copyright in cases concerning lookalike products Both designers Ilse Jacobsen with rubber boots and Anne Black with a hanging flower pot, vase and jar with lid stated these products enjoyed copyright protection, but as seen in...
Tags: copyright, Denmark, design rights, designs, Infringement, marketing
Upcoming amendments to China’s Copyright Law
By Ai-Leen Lim | Posted on June 24, 2020
Long-awaited amendments to China’s Copyright Law introduce punitive damages for the first time, provide greater powers to the authorities when investigating infringement and capture the rapid developments in digital technology First enacted in 1991 and amended in 2001 and then 2010, China’s lawmakers began reviewing the third amendment (Draft) to the Copyright Law on April...
Tags: china, copyright, digital technology, enforcement, Infringement, punitive damages
Punitive damages case appears in list of top 10 IP cases from China’s Supreme People’s Court
By Ai-Leen Lim | Posted on May 20, 2020
On April 21, 2020, China’s Supreme People’s Court released a list of the top 10 intellectual property law cases of 2019. The cases cover patent (invention and design), trademark, copyright and unfair competition. One of the cases selected involved a US Pilates company where punitive damages were awarded. While punitive damages are well-established in terms...
Tags: Balanced Body, Infringement, IPR, punitive damages, SPC, statutory damages, trademarks, Yongkang Elina
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