The S&F law blog

PEPSI confronts Henan free rider
July 24, 2009, 4:32 pm
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PepsiZhengzhou (Henan) Intermediate People’s Court heard PEPSI’s trademark infringement and unfair competition allegation against Henan 百事 (pronounces Bai-shi, PEPSI in Chinese).

PEPSI claims the registration of 百事 as a trade name by the defendant constitutes unfair competition. The defendant’s substantial use of 百事 in its website, packaging and promotional materials also infringes PEPSI’s trademark right. PEPSI sought injunction and 500,000 yuan in damages.

The defendant argues it legally registered its trade name with Zhengzhou Administration for Industry and Commerce. The trademark on the packaging and bottle label of its beverage products is 甜在心. On some products, even when 百事甜在心 and 百事饮品 are used, the two words 百事 are used in smaller font to minimize presence. No trademark infringement or unfair competition is constituted. We will follow the developments of the case.

Source: China IP Law News