Interesting Remedy for Trademark Infringement in China: An Apology
I’ve read a little about the trademark infringement lawsuit that Japanese cosmetics giant Shiseido Co. Ltd. filed against alleged copycats in China.
Apparently, a decision is due from the Pudong New Area People’s Court any day now.
According to one article, Shiseido alleged that defendants Li Wei and Ma Yan, and their companies Shanghai Jingdian Cosmetic Co. Ltd., Shanghai Runmei Bio-tech Development Co. Ltd. and Shanghai Xiaoxian Meiye Bio-tech Co. Ltd., “used a similar logo, Shidoas, with the same font and the same Chinese characters as Shiseido’s Chinese trademark on cosmetic packages, adverts and Website without its permission.”
The thing that struck me was the remedy that Shiseido seeks: it not only wants money (about $700,000 US) and an injunction enjoining future infringement, but — according to another account — it also wants the defendants to “publish an apology in newspapers.”
Is that a remedy one can get in China? Of course, that’s not something you ever see happening here. At least I’ve never heard of it.
This seems to beg the question: What are the cultural differences that give rise to a legal system in China that provides for an apology remedy, and a legal system in the States that does not?
Michael Atkins
in International Trademark Law, Trademark Infringement
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Mike Atkins at the Seattle Trademark Lawyer has an interesting post -- click here for the post -- about a pending Chinese trademark infringement suit, in which plaintiff seeks monetary damages and a public apology to be published in newspapers. IP Dragon follows up Atkins's post, explaining that an apology is ...
Reader Comments (6)
In 'face saving cultures' (which include China and Japan) it is considered a punishment to have to apologise.
Although an apology is not stated as a punishment in the Chinese Trademark Law, it is in article 46 of the Chinese Copyright Law, which shows that apologies have found their place in Chinese IP law.
Danny Friedmann
Editor of IP Dragon
http://ipdragon.blogspot.com
Gathering, commenting on and sharing information about intellectual property in China to make it more transparent, since 2005.
The Chinese apology is rather different from its American counterpart. The Chinese apology is made head down; the American, chin up. The Chinese apology is abject, tarnishing and hopeless; the American, penitent, cleansing and forward-looking.
Getting an American to apologize for wrong-doing is relatively easy. We do it so often, many say it with a smile.
Getting a Chinese to apologize is like stuffing an elephant through a pinhole. It's rarely done in private, even less in public. Thus, the value and satisfaction recognized by winner.
Rich Kuslan , Editor
Asiabizblog
www.asiabizblog.com