I Will Protect this House: US Sport Brand Trademark Infringement Claims in China. (25th October 2018)

• Record Type: Journal Article
• Authors: Brown, Sarah M.; Brison, Natasha T.
• Is Part Of: Entertainment and sports law journal. Volume 16(2018)
• Publication Date: 2018-10-25
• Subjects: China trademark law -- trademark infringement -- trademark squatting -- New Balance -- Under Armour -- sport brand; Entertainers -- Legal status, laws, etc -- Periodicals; Performing arts -- Law and legislation -- Periodicals; Sports -- Law and legislation -- Periodicals; Amusements -- Law and legislation -- Periodicals; Amusements -- Law and legislation; Entertainers -- Legal status, laws, etc; Performing arts -- Law and legislation; Sports -- Law and legislation; Periodicals; Electronic journals; 344.09905
• DOI: 10.16997/eslj.219
• Languages: English
• ISSNs: 1748-944X

Abstract

In 2017, two US sport brand companies, Under Armour and New Balance, won trademark infringement cases in China. These victories demonstrated a potential turning point in Chinese trademark law and the protection of foreign company marks. The country has long been plagued with rampant counterfeiting and trademark squatting issues, but since China's acceptance into the World Trade Organization in 2001, the country has made moves to improve its trademark laws through two amendments. China's first amendment occurred in 2001. However, this amendment suffered from multiple vulnerabilities, providing loopholes for foreign trademarks to be infringed upon. The most recent amendment, which was enacted in 2014, provides stronger protections and resolves the vulnerabilities of its predecessor. This article discusses the limitations of the 2001 amendment and the opportunities afforded to foreign brands for trademark protection under the 2014 amendment. The Under Armour and New Balance cases are discussed as examples of a new trademark enforcement paradigm in China. Recommendations for foreign brands seeking to expand and protect their trademarks are also provided.