Multi billion-dollar luxury fashion brand Burberry has been granted a preliminary injunction against Chinese copycat brand Baneberry/
The alleged infringers were discovered when Xinboli Trading (Shanghai) Co., Ltd registered to file a word and logo mark for ‘Baneberry’ and further used the Burberry check mark on its clothing products in addition to imitating Burberry’s hangtags and merchandise in its 40 retail shops. As a result, Burberry sought to bring action against the owners of Baneberry for trade mark infringement and unfair competition with the Suzhou Intermediate People’s Court of Jiangsu Province.
The Suzhou Intermediate People’s Court ruled in favour of Burberry however, stated that whilst the defendant Baneberry legally registered its trade marks, Burberry’s brand heritage and reputation throughout the globe was enough to cause a likelihood of confusion between the brands thus, a preliminary injunction was granted.
Whilst the dispute is still ongoing and no final decisions have been made as of yet, until the matter is finalised, the owners of Baneberry are restricted from using the allegedly infringing marks.
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