Domestic companies fined for infringing BMW trademark rights

According to a recent report by Shanghai Daily, the Shanghai Intellectual Property Court recently heard a trademark dispute case in which the plaintiff, BMW AG (BMW), accused Shanghai Chuangjia Garments Co., Ltd. (referred to as "Chuangjia"), Damon Group (International) Holdings Co., Ltd. (referred to as "Damon"), and Zhou Leqin of infringing its trademark rights. The court ruled that the three defendants should immediately stop infringing on the exclusive rights of a series of registered trademarks enjoyed by the plaintiff and compensate for economic losses and reasonable expenses of RMB 3 million.

Reuters said the trial result was the latest victory for foreign companies in China, showing that "a country rife with counterfeit goods" is increasingly paying attention to protecting trademark rights.

According to the Shanghai Daily, the Shanghai Intellectual Property Court stated that one of the defendants, Zhou Leqin, established the German BMW Group (International) Holding Co., Ltd. (hereinafter referred to as Dema) in 2008. Since 2008, Dema and Zhou Leqin have jointly established and improved the BMN brand franchise system with Chuangjia Company by purchasing and registering trademarks such as "BMN" and authorizing Chuangjia Company to use them.

Shanghai Chuangjia Clothing Co., Ltd. is one of the defendants. It uses the BMN trademark on clothes, shoes and bags, and has modified the trademark to be closer and closer to the BMW Group's trademark over the past few years.

Court documents stated that the defendants maliciously exploited the plaintiff's fame and jointly committed trademark infringement and unfair competition.

As of press time, BMW Group, Damon and Zhou Leqin have not commented on the matter.

As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity.