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Garment makers lock horns over ancient goat symbol
By Wong Xin (China Daily)
Updated: 2010-03-03 11:23
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Disputed trademark based on hieroglyphic found in bronzes
Beijing: A legal wrangle over a goat's head trademark - itself based on an ancient Chinese hieroglyphic - attracted widespread media attention in late 2009.
The case raised a range of issues about what can and should be trademarked - and by whom.
The dispute began when Yu Wenqing, general manager of Xingyelong Garments Co, sued Hengyuanxiang Group, a well-known maker of wool garments, in Beijing No 2 Intermediate People's Court, claiming infringement on his trademark and seeking more than 10 million yuan in compensation.
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Hengyuanxiang has a variety of brands and was a sponsor of the 2008 Olympic Games. It is now in a legal battle with a former subcontractor. [CHINA DAILY] |
A month later, Hengyuanxiang countersued Yu and his company in Changshu, Jiangsu province claiming copyright infringement on the logo it created in 1997 and registered with the national copyright office in 2002.
As legal experts debated whether trademark or copyright protection should have priority, Hengyuanxiang withdrew its claim in early February after a trial the previous month.
Hengyuanxiang's most likely withdrew its suit because it had a slim chance of wining, said Liu Ming, Yu's lawyer.
It is hard to distinguish the logo from the ancient original, so Hengyuanxiang would have difficulty supporting its copyright claim, said Ma Qiang, a partner of the Unitalen Law Office.
Attorney Liu said he is confident the countersuit would lose in a court of law. "If they could succeed in their claim, I could also say that I have the copyright to the poems by Li Bai (a renowned poet in Tang Dynasty 618-907)."
Hengyuanxiang will now focus on the upcoming trademark suit, Liu added.
