Michelin wins trademark battle in China

ERJ staff report (DS)

London -- The International Law Office, a private law firm, has issued a briefing note on Michelin's achievement in China. The ILO said Michelin, "filed suit against an individual who was using the same Chinese characters as Michelin - ??? - and the transliteration 'MiQoLin'" The Chinese individual was not using the names and symbols on tyres, but on audio equipment.

The infringing marks were identical in Chinese script and similar in the Pinyin version, but were used in connection with obviously dissimilar goods - a scenario that is covered in Article 13(2) of the Trademark Law.

ILO said, "On October 11 2010 the court ruled that even if there was no potential for confusion between loudspeakers and tyres, the infringing use of Michelin's mark was likely to create an association in the public mind, thereby diluting the distinctiveness of the mark and damaging its owner's interests."

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Press release from ILO

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