New Balance, founded in 1906, is an American corporation based in Boston and one of the world’s major sport footwear manufacturers, known mostly for its high–quality and high-performance sneakers with the iconic “N” logo.
MING XINGNAN
万慧达北翔知识产权集团合伙人
Partner
Wanhuida Peksung IP Group
In 1983, New Balance registered with the China Trademark Office the trademark 3 in class 25. Another representation of the logo, trademark 4, was registered in 2014, also in class 25 (all referred to as cited marks).
In the years following its first registration, New Balance began to encounter many imitators using the N letter on the side of their sneakers. The defendants challenged the similarity between the use of the letter on their shoes and New Balance’s trademark, registered in 1983. New Balance replied by citing article 5 of the Anti-Unfair Competition Law (1993 version), which protects “trade dress” (unique decoration of a well-known product).
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Ming Xingnan is a partner and Ding Jinling is an associate at Wanhuida Peksung IP Group
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