New Balance v New Barlun: $3.8 million trade mark lawsuit

New Balance has just landed a win over a trade mark dispute in China, against New Barlun, a company that also produce similar athletic products. Although the two names hold resemblance, it is in fact New Balance’s famous “N” logo that was violated by the Chinese brand. The Shanghai Huangpu District Court stated the infringement was due to the visual and conceptual similarity to that of the American brand.

Further, it was also concluded that New Barlun had acted in bad faith after ignoring a previously issued interim injunction order to cease manufacturing. This is also not the first lawsuit the company has encountered over the past year, as the defendant faced a fine of $1.54 million after engaging in “unfair competition”.

In addition, the court also found the company’s distributor, Shanghai Lusha Fashion Co, to be held jointly liable for the infringement of the mark. The distributor had to contribute around $15,000 toward the total damages of $3.8 million, paid out to New Balance.

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