[Case] "J.P.CHENET" Failed Trademark Lawsuit in China

The"J.P.CHENET"trademark was created by Les Grands Chais De France（hereafter as GCF） for wine product in 1985, remarkable for its unconventional outlook design of the declining bottle. GCF accused Muti International Trade (Tianjin) Ltd. (hereafter as Muti Tianjin) to the court for importing "J.P.CHENET" wine from Brtain without authorization by GCF and infringing its exclusive right to use registered trademark.

GCF held that, the imported "J.P.CHENET" wine by Muti Tianjin infringed its exclusive right to use registered trademark and appealed to Tianjin Second Intermediate People's Court.

Tianjin Second Intermediate People's Court held that, the "J.P.CHENET" wine imported by Muti Tianjin were sold with its original package without any processing,and did not cause any confusion among consumers. The  reasonable mark and relevant information on the wine neither led to confusion among consumers, nor damage the source and quality of the involved trademark, and did not constitute infringement to the registered trademark. Accordingly, the court rejected the complaint.

GCF appealed to Tianjin Higher People's Court. Tianjin Higher People's Court held that, the "J.P.CHENET" wine imported by Muti Tianjin was the same as that sold by GCF in China, and could not lead to confusion to consumers. Accordingly, the court rejected GCF's appealing.