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Chinese Company fined $430,000 for TM infringement by registering domain names containing MGM

Labeled as news in Legal Discussion, started by Lox, Dec 30, 2019

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  1. Lox

    Lox _____ VIP Gold Account

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    A Shenzhen company was ordered to pay 3 million yuan ($430,000) compensation each in two lawsuits filed by MGM Holdings for trademark infringement and unfair competition, a decision that prompted Chinese analysts to conclude Monday that China was showing equal legal treatment and enforcement of intellectual property rights (IPR) for Chinese and foreign firms.

    read more (globaltimes cn)

    The court ruled the company should stop the infringement, publicly dismiss the impact and compensate the Hollywood conglomerate a total of 6 million yuan in two cases, the maximum amount each under law, said a statement issued by a court in Shanghai on Saturday.

    Shenzhen MGM Films Company in South China's Guangdong Province, was convicted of unfair competition and trademark infringement by registering domain names containing "mgm," using the name "MGM" and the lion logo owned by MGM Holdings, while also authorizing more than 30 theaters across the country to operate under the brand name and logo, according to the judge of the case.

    MGM Holdings has widely used and promoted the Metro Goldwyn Mayer (MGM) brand since its founding in 1924.

    The brand is known to Chinese people through such movie series as James Bond and the Hobbit, according to the court.

    "The result of the trial reflects the court's position in equally protecting the legal rights of Chinese and foreign enterprises," Judge Yang Jie who heard the case told the Global Times on Monday.

    Yang noted the court would not be inclined to domestic parties in such infringement disputes involving foreign enterprises.

    Chinese legal experts claim that Chinese people are showing an attitude of no favoritism toward domestic companies accused of infringement as people's awareness of intellectual property rights (IPR) has significantly improved.

    read more (globaltimes cn)
     
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  2. xynames

    xynames XYNames.com PRO VIP

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    Court in Shanghai? Wonder if the judgment is enforceable. I suppose so if local to this defendant.
     
    Last edited: Dec 30, 2019
  3. Lox

    Lox _____ VIP Gold Account

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    In August or September 2019, WIPO UDRP is applicable to .CN and .中国 domain names that have been registered for less than 3 years. CNNIC is authorized to handle domain name disputes for these domains.

    (...will try to locate more info)

    Regards
     
    Last edited: Dec 30, 2019

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