Ahead of the upcoming World Intellectual Property Day on April 26, the People’s Court of Luohu District, Shenzhen, handed down a judgment in the lead case of a series of unfair competition disputes between two catering enterprises. Representing the defendant, the Liu Shen team delivered a compelling non-infringement defense and secured a full victory at the first instance.
The case involved intricate factual and legal issues intertwined with copyright, trademark rights, and the trade dress protected under the Anti-Unfair Competition Law. The core disputed issues covered a wide range of contentious legal matters, including the correlation between the plaintiff’s copyright and its claimed trade dress, the registration and use of trademarks with adverse effects, as well as the determination of certain influence and distinctiveness—the statutory prerequisites for trade dress protection under the Anti-Unfair Competition Law.
As legal counsel for the defendant, the Liu Shen team commenced its defense by targeting the plaintiff’s trademarks. On the fundamental ground that the trademark logos contained in the plaintiff’s trade dress shall not be entitled to protection as subject matters under the Anti-Unfair Competition Law, the team successfully excluded protection for such trademark elements. It further argued that the trade dress claimed by the plaintiff failed to satisfy the statutory requirements of certain influence and distinctiveness. The court fully upheld the defense arguments put forward by the Liu Shen team. All of the plaintiff’s claims were dismissed in the first-instance judgment, marking a crucial phased victory for the client in the lead case of the dispute series.
The case was handled by Liu Shen professionals ZHENG Peng, CHENG Chi, LIU Zhijie, SHI Teng and YAN Jiajia. The team carefully sorted through the complex factual context, challenged the sufficiency of the plaintiff’s right basis from multiple perspectives of intellectual property law, and conducted in-depth research into extensive evidence and case materials. Through diligent efforts, the team effectively safeguarded the client’s legitimate rights and interests and earned high recognition from the client with professional and efficient legal services. The case once again demonstrates the professional expertise and pursuit of excellence upheld by all Liu Shen practitioners. Liu Shen’s litigation team will continue to provide top-tier professional intellectual property legal services to protect and uphold clients’ lawful rights and interests.
