Diplomacia e Relações Internacionais
Parece que empresários criativos paraguaios andaram registrando marcas proprietárias brasileiras em seu território, apenas para exercer um direito de "pedágio" sobre o uso dessas marcas no Paraguai, o que os legítimos detentores brasileiros podem considerar uma extorsão.
Os chineses podem estar fazendo a mesma coisa...
Vamos ver a Justiça, como age...
Paulo Roberto de Almeida
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Diplomacia e Relações Internacionais
China-Paraguai: meme combat (sur les marques de luxe, et autres...)
Parece que empresários criativos paraguaios andaram registrando marcas proprietárias brasileiras em seu território, apenas para exercer um direito de "pedágio" sobre o uso dessas marcas no Paraguai, o que os legítimos detentores brasileiros podem considerar uma extorsão.
Os chineses podem estar fazendo a mesma coisa...
Vamos ver a Justiça, como age...
Paulo Roberto de Almeida
French firm loses trademark fight
By Zhao Wen | Shanghai Daily, 2012-2-27
HERMES has lost a lawsuit against China's Trademark Appeal Board over its refusal to cancel a trademark similar to the Chinese name of the French luxury producer.
Hermes registered its English name and pattern on the Chinese mainland in 1977. However, it had not yet registered its Chinese name as a trademark, the Legal Evening News reported.
The company said Guangdong Province-based menswear maker, Dafeng Garment Factory, registered a trademark, 爱玛仕, similar to the Chinese name of Hermes, 爱马仕, which could mislead Chinese buyers. The pinyin for the two Chinese names has the same spelling: Ai Ma Shi.
Hermes had appealed to the trademark board in 1997 over the trademark but the board approved the Chinese company's registration in 2001, the unidentified court was told.
In 2009, Hermes again appealed to the board, saying its Chinese name enjoyed a high reputation around the world and demanding the board cancel the disputed trademark. However, Hermes' application was rejected for a second time last May.
Hermes told the court that its Chinese name should be protected as an unregistered trademark in China. It said the disputed trademark had imitated the Chinese name of Hermes and was gained through "deceptive means," the newspaper said.
Hermes asked the court to cancel the board's ruling but the board said it had approved registration of the disputed trademark through legal procedures.
The clothing company, which was also represented, agreed with the board, the court was told.
The court said that most of the evidence that Hermes had provided related to periods after the disputed trademark had been registered. The evidence was also mainly related to media reports about the Chinese name of Hermes in Hong Kong, and this did not prove it was well-known among consumers on the Chinese mainland.
Hermes could also not provide evidence that the trademark had been acquired illegally and ruled that its suit was lost.
Hermes is not the only international brand having problems with trademarks in China.
Apple, producer of the iPad tablet computer, is involved in a legal dispute over the use of the iPad name on the Chinese mainland.
Meanwhile, NBA legend Michael Jordan has filed a lawsuit against a Chinese sportswear producer, Qiaodan Sports Co Ltd, which has registered and used brand the same as Jordan's Chinese name.
Hermes registered its English name and pattern on the Chinese mainland in 1977. However, it had not yet registered its Chinese name as a trademark, the Legal Evening News reported.
The company said Guangdong Province-based menswear maker, Dafeng Garment Factory, registered a trademark, 爱玛仕, similar to the Chinese name of Hermes, 爱马仕, which could mislead Chinese buyers. The pinyin for the two Chinese names has the same spelling: Ai Ma Shi.
Hermes had appealed to the trademark board in 1997 over the trademark but the board approved the Chinese company's registration in 2001, the unidentified court was told.
In 2009, Hermes again appealed to the board, saying its Chinese name enjoyed a high reputation around the world and demanding the board cancel the disputed trademark. However, Hermes' application was rejected for a second time last May.
Hermes told the court that its Chinese name should be protected as an unregistered trademark in China. It said the disputed trademark had imitated the Chinese name of Hermes and was gained through "deceptive means," the newspaper said.
Hermes asked the court to cancel the board's ruling but the board said it had approved registration of the disputed trademark through legal procedures.
The clothing company, which was also represented, agreed with the board, the court was told.
The court said that most of the evidence that Hermes had provided related to periods after the disputed trademark had been registered. The evidence was also mainly related to media reports about the Chinese name of Hermes in Hong Kong, and this did not prove it was well-known among consumers on the Chinese mainland.
Hermes could also not provide evidence that the trademark had been acquired illegally and ruled that its suit was lost.
Hermes is not the only international brand having problems with trademarks in China.
Apple, producer of the iPad tablet computer, is involved in a legal dispute over the use of the iPad name on the Chinese mainland.
Meanwhile, NBA legend Michael Jordan has filed a lawsuit against a Chinese sportswear producer, Qiaodan Sports Co Ltd, which has registered and used brand the same as Jordan's Chinese name.
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- China-japao: Compensacoes Economicas 80 Anos Depois
Um caso extremamente interessante para os estudiosos do Direito Internacional. Paulo Roberto de Almeida Chinese Court Orders Seizure of Japanese Vessel By AUSTIN RAMZYThe New York Times, April 21, 2014A court in Shanghai has ordered...
- China: A Evidencia Que Os Companheiros Detestam Ouvir, Ler, Saber
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Could Apple lose its iPhone trademark in Brazil? Finalcial Times, February 7, 2013 Who invented the airplane? Many argue it was actually Alberto Santos-Dumont, a pioneer aviator from the Brazilian state of Minas Gerais. Now it is claimed that Brazil also...
- Como Ficar Rico Sem Muito Esforco: Trade Marks
Você não precisa ser um gênio, um grande inventor, nem ter o gênio da lâmpada ao seu lado, ou uma brilhante equipe de engenheiros e cientistas de laboratório, para descobrir uma nova maneira de tornar fácil o que é atualmente difícil. Basta ter...
- China: 30 Mil Chineses Evacuados Da Libia
Seria interessante saber quantos milhares de ocidentais estavam ou estão na Líbia. Talvez, no total, não alcancem a cifra de chineses. Império é isso aí. China starts evacuation of 30,000 from Libya Shanghai Daily, 25/02/2011, Page A2 AROUND 4,600...