๐ Kung Fu Panda (ๅๅคซ็็ซ) is the series film title produced by DreamWorks Animation. A party filed trademark No. 7491648 in Class 44 covering massages, medical clinics etc. The Beijing High People’s Court confirmed that the film title is a prior right mentioned in Art. 32. Even if DreamWorks did not provide use evidence for Kung Fu Panda (ๅๅคซ็็ซ) for medical clinics, they could prove the use of Kung Fu Panda (ๅๅคซ็็ซ) on cosmetics, toys, video games etc. Therefore the use and registration of the opposed trademark would crowd out DreamWorks’ business opportunities by improper use of movie popularity. The opposed trademark was deemed to infringe the legitimate civil rights and interests of DreamWorks Company which constitutes a situation “damaging the existing prior rights of others” as defined in the 2001 Trademark Law (now Art. 32) [(2017) JING XING ZHONG No.3858].
โน๏ธ Source:ย https://www.managingip.com/article/b1l3x5dzq79tq8/how-does-chinese-trademark-law-deal-with-bad-faith
โน๏ธ Image source : @ IMDb
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