How to cope with an evil twin: resolving enterprise name disputes

March 17, 2009 | BY

clpstaff &clp articles

Ying [email protected] the end of 2008 the Beijing Haidian District Court ruled in a case between Beijing Guge Technology Company's registration…

Share:

Ying Yihong

Rouse


At the end of 2008 the Beijing Haidian District Court ruled in a case between Beijing Guge Technology Company's registration of its enterprise name, GUGE (which is pronounced similar to Google in Chinese) and Google, the well-known internet search engine provider. The court found that Beijing Guge had infringed Google's rights to the Chinese translation of the GOOGLE trademark and its rights to a previously reserved enterprise name. The court ruled that Beijing Guge's actions had constituted unfair competition against Guge Information Technology (Google's subsidiary in China) and ordered it to change its enterprise name.

Recent civil cases such as Sotheby's vs Sichuan Sufubi1 and Swarovski vs Beijing Shihualuo2, suggest there is a growing trend of IP infringement of trademarks or trade names with an enterprise name registration.

Enterprise name disputes involve differences between the concepts of the enterprise name and the trade name. Both are distinct identifiers that serve different purposes in trading. These