Dispute over Trademark Infringement & Unfair Competition between SWAROVSKI AKTIENGESELLSCHAFT and Beijing Swarov Wedding Photo Ltd.
Le 26/02/2009
On May 27, 2008, Beijing No.2 Intermediate People's Court accepted a lawsuit brought by
SWAROVSKI AKTIENGESELLSCHAFT (the plaintiff) against Beijing Swarov Wedding
Photo Ltd. (the defendant).
Based on documentary evidence, the plaintiff requested the court to recognize its four
trademarks as well-known trademarks and complained that without legitimate authorization,
the defendant registered "施华洛" as trade name, registered the domain name
"swarov.com.cn", uses words "施崋洛", "施华洛", "SWAROV" and figure of double-swan in
a distinctive manner on storefront, shop window, price list, photo brochures, advertisements,
commercial website, new products promotion and so on, which constitutes trademark
infringement and unfair competition.
The court holds that:
After examining all evidence, the court decides to recognize the plaintiff's trademarks
"SWAROVSKI" and "施华洛世奇" as well-known marks.
The defendant registered a trademark "施崋洛 & logo" No. 3746575, however, this trademark
hasn't been used exactly as registered. On the contrary, the defendant used words "施崋洛",
"施华洛" and "SWAROV" which are similar to the plaintiff's well-known trademarks
"SWAROVSKI" and "施华洛世奇" in a distinctive manner. Although the specified goods and
services are dissimilar, such uses easily mislead consumers and constitute infringement of the
plaintiff's well-known trademark rights.
"Swarov" in the domain name "swarov.com.cn" is similar to the plaintiff's registered
trademark "SWAROVSKI" and constitutes infringement of plaintiff's trademark right.
The defendant