Trade Dress Protection in China
October 31, 2006 | BY
clpstaff &clp articlesBy Song [email protected]: www.haiwen-law.comIn a hypothetical case, Company A manufactures and sells a model of MP3 players encased…
By Song Huang
Website: www.haiwen-law.com
In a hypothetical case, Company A manufactures and sells a model of MP3 players encased in a black rectangular-shaped anodized aluminum jacket with a super-slim design and a dazzling colour LCD display. Company B, a competitor of Company A, manufactures and sells a type of music player with a similar overall appearance, including the same or similar shape, colour scheme and certain other configuration and features. Does Company A have a cause of action against Company B for trade dress infringement?
The PRC Anti-unfair Competition Law (AUCL)(中华人民共和国反不正当竞争法) provides that a party must not, without consent of the manufacturer of 'well-known merchandise', use the 'packaging and/or decoration' (包装,装潢) that are identical with, or similar to the 'unique' (特有
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