Recently, the Chongqing First Intermediate People's Court issued a judgment of first instance in the case of dispute over infringement of trademark right between SEMK PRODUCTS LIMITED and others (hereinafter referred to as "Hong Kong B.Duck 小黄鸭," represented by Unitalen) and certain companies in Wenzhou. The court determined that the No. 8814480 trademark "", and the No. 8814488 trademark "" owned by Hong Kong B.Duck 小黄鸭 had constituted the famous trademarks before September 11, 2019, and September 9, 2020, respectively. Use of the marks "G.DUCK", "", "G.DUCKKIDS", "", and "" by the certain company in Wenzhou on clothing, shoes, and other goods had constituted trademark infringement. The company was ordered to stop the infringement, pay compensation of 4,840,000 yuan, and publish a statement in the Wenzhou Daily to eliminate the effects.

Basic Fact

The history of Hong Kong B.Duck 小黄鸭 can be traced back to 2001. The founder, Mr. Hui Ha Lam, created the signature character B.Duck and commenced the retail business for B.Duck featured consumer merchandise in 2005. In 2020, B.Duck became China's No. 1 proprietary IP brand (in terms of revenue). B.Duck has also won the LIMA Asian Licensing Award, Jade Monkey Award, and other influential industry awards and has been included in the Guangdong Key Trademark Protection List, enjoying a high reputation.

The defendant, the certain company in Wenzhou, used the marks "G.DUCK", "", "G.DUCKKIDS", "", and "" on "clothing, shoes" and other goods, and publicized, promoted, and sold them through offline stores, e-commerce platforms, self-media platforms and other ways. In response to the defendant's act of trademark infringement, Hong Kong B.Duck 小黄鸭 filed a lawsuit with the Chongqing First Intermediate People's Court in March 2023.

Judgement Viewpoint

I. The plaintiff's trademarks "" and "" have constituted famous trademarks prior to the date of the application for registration of the sued marks.

II. The use of the marks "G.DUCK", "", "G.DUCKKIDS", "", and "" by the defendant, the certain company in Wenzhou, on clothing, shoes, and other goods is likely to lead to confusion and misrecognition of the relevant public, and also leads to trademark dilution, which infringes the plaintiff's exclusive right to use the famous trademarks.

III. The punitive legal compensation is applicable to determine the amount of damages.

Case Significance

Unitalen previously assisted Hong Kong B.Duck 小黄鸭 in realizing the first judicial determination of "" and "" as the famous trademarks. This time, when the infringer had registered trademarks in the same class, Unitalen assisted Hong Kong B.Duck 小黄鸭 in realizing the equivalent determination of the trademarks "" and "" as the famous trademarks in Class 25.