Intellectual Property Law

Interesting Remedy for Trademark Infringement in China: An Apology

By Michael Atkins

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?

Full post as published by Seattle Trademark Lawyer on July 16, 2008 (boomark / email).