KANGRUI Law Firm
Won

Cross-Class Well-Known Mark Protection — Trademark Infringement & Unfair Competition for a Global Crystal Luxury House

We persuaded the court to recognize the client's core mark as well-known, securing cross-class protection that blocked free-rider use of the mark in unrelated service categories.

Outcome
Won
Tracks / Procedures
Civil litigation (1st instance)
Forum
Provincial Intermediate People's Court
Year
2017
01 · Background

Case Summary

The client is a global crystal luxury house whose core mark has long been used and disseminated in the China market. The client discovered a wedding photography studio in China prominently using identifying signs identical to the client's core mark — in Chinese and Western characters alike — on its corporate name, signage and advertising, treating the mark as a central element of its commercial identity. Although the client's core mark was not registered in the wedding-photography services category, the use objectively traded on the high-end brand associations of the mark and caused confusion and mistaken identity among the relevant public.

02 · Legal Issues

Key Issues

  • Does the client's core mark qualify as a well-known mark in China?

    We needed to establish well-known status through evidence of duration of use, sales geography, advertising, market share, media coverage, awards and other dimensions.

  • Can categories outside registration still receive protection?

    The client's mark was not registered in the wedding-photography services category — well-known status was the only gateway for cross-class protection.

  • Does free-rider use of the mark in the corporate name constitute unfair competition?

    The defendant used the client's mark in full as its trade name with prominent display — does this constitute free-riding under the Anti-Unfair Competition Law?

03 · Kangrui Strategy

Approach

We systematically organized the client's mark-use history in China: market entry timing, annual advertising spend and channel coverage, media coverage data, industry awards, sales-network scope and revenue figures — assembling a complete well-known-mark evidence chain.

We conducted scenario-based evidence collection on the defendant's use: storefront signage, website, advertising materials, social media, contract samples and other channels — establishing "prominent use" rather than incidental use.

We combined cross-class protection under the well-known mark regime with provisions of the Anti-Unfair Competition Law against unauthorized use of another's enterprise name with certain influence, asserting claims under both trademark law and unfair competition law in parallel.

04 · Outcome

Results & Impact

Well-known recognition: The court considered the full evidence package and recognized the client's core mark as a well-known trademark.

Cross-class protection: Based on the well-known recognition, the court extended protection to the unregistered wedding-photography services category and found trademark infringement.

Unfair competition: The court also held that the defendant's prominent use of the client's mark in full as its enterprise name constituted unfair competition, ordering it to cease using the trade name, change its corporate name and compensate for economic losses.

05 · Significance

Practical Insights

The case provides a textbook example of international luxury brands securing cross-class protection through the well-known mark regime, with reference value on the treatment of free-rider use in corporate names — connecting the anti-unfair-competition and trademark-law analyses.

For international brands, registration protection in core categories alone is no longer enough to address every form of derivative free-riding. Systematic well-known mark recognition combined with unfair competition remedies is a more robust strategic combination for brand protection.