|
Trademark suit against Coca-Coca falls flat
(eastday.com)
Updated: 2005-01-28 10:00
A trademark violation lawsuit against Coca-Cola China Beverages Ltd fizzled
out in Shanghai No. 1 Intermediate People's Court yesterday.
The well-known blue round-headed image of
Coke's Qoo brand for its juice products
[baidu] | The suit had been brought by
Shanghai Yaqing Industry and Trade Co Ltd, which claimed consumers would confuse
its Kuhai trademark with Coke's Qoo brand.
Shanghai Yaqing said it registered the Kuhai trademark for beverage products
in November 2000 and received approval from the State Trademark Administration a
year later.
When the trademark was being inspected by the administration, Yaqing
experimented with Kuhai juice-based beverages and asked clients for advice.
In early 2002 when the company planned to launch Kuhai beverages, it found
that a similar product - Coke's Qoo juice - was already on the market.
"The Chinese characters in the Qoo trademark mean 'a cute boy,' which is very
similar to the meaning of Kuhai," said Hong Shuben, the plaintiff's attorney.
"Coca-Cola violated Yaqing's trademark because it didn't register the Qoo
trademark, and consumers will become confused."
Coca-Cola argued that Qoo's Chinese characters are used along with an English
word and a cartoon character; drawing a clear distinction between the competing
products.
In addition, the Qoo beverage has been widely accepted by consumers while
Yaqing never put the Kuhai trademark into use.
The court ruled that the pronunciation and graphic font of Qoo's Chinese
characters are different from Kuhai's, and because Kuhai hasn't been used,
consumers can't become confused. Qoo's cartoon character also helps keep the two
trademarks distinctive, the court ruled.
|
 | | | Pop diva poses for glossy magazine | | |  | | | Eyes wide open on the world | | |  | | | Kidman's restraining order request granted | | |
|
 |
|
|
|
|
Today's
Top News |
|
|
|
Top Life
News |
|
|
|
|
|
|
|
|
|
