Trademark Infringement and Unfair Competition Case Study: Toyota Motors vs. Zhejiang Geely
November 30, 2003 | BY
clpstaff &clp articlesThe recent trademark case involving Toyota and a domestic auto manufacturer was widely seen as a test case of the strength of intellectual property law in China. Here one of the participants in the case gives an assessment of the court's decision.
By Shi Yu-sheng, Partner, King & Wood, Beijing
"Toyota", as well as the logo associated therewith, is the trademark of the Toyota Motor Corporation, which was the plaintiff in this case. Undoubtedly, the Toyota trademark is an internationally recognized well-known trademark. In China, the plaintiff registered "Toyota", its Chinese equivalent, and the logo associated therewith, as trademarks in 1980, 1989 and 1990, respectively.
The defendant in this case was Zhejiang Geely Automobile Co., Ltd. Zhejiang Geely is a relatively new company, and started manufacturing automobiles for the domestic Chinese market in the late 1990s. The cars manufactured by the defendant are marked with a logo that is very similar to that of the plaintiff. In addition, Zhejiang Geely's cars have engines labelled as "TTME 8A-FE". Engines of this name are separately manufactured by a joint venture set up by the plaintiff in Tianjin. In addition, the defendant has used wording including "powered by Toyota", "with Toyota 8A-FE Engine Manufactured by Toyota", and "with Toyota 8A-FE Engine from Japan" to advertise its products.
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now