Recently, Lotte Holding (China) Co., Ltd. (hereinafter Lotte) and Lotte Confectionery (China) Co., Ltd. brought a case of trademark infringement and unfair competition before Beijing No. 2 Intermediate People's Court against Hong Kong Lotte Co., Ltd and two other companies. .
At the end of 2008, Lotte discovered that certain kind of xylitol chewing gum made by a Shandong-based company was marked with “Hong Kong Lotte” on the package and the packaging and decoration of the product was extremely similar with their product. Lotte alleged that their “Lotte” brand (xylitol chewing gum) is a well-known trademark; and the three defendants have, without their permission, used their registered trademark as the trade name and used the extremely similar packaging and decoration. The defendants intentionally misled the consumers by copying the packaging and decoration, therefore constituting trademark infringement and unfair competition.
Lotte acclaimed a damage of 500,000 Renminbi yuan in court.
