Disagreed with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) for approval of registration of “湖人队HURENDUI” and “LAKERS TEAM” trademarks, the famous American company, NBA PROPERTIES,INC(hereinafter refers to as NBA) appealed the decision before the Beijing No.1 Intermediate Court. The court heard the case recently.
NBA first applied for an opposition before the TRAB against Fujian Hurendui Sports Goods Company, the registrant of the mark “湖人队HURENDUI” and “LAKERS TEAM”. NBA argued that the mark was an imitation and translation of its famous registered “洛杉矶湖人队Los Angeles Lakers” trademark. NBA alleged that such act was likely to damage NBA’s reputation and violated the rule of fair competition.
Before the court, TRAB held that the evidence submitted by NBA can merely prove its relatively high reputation in basketball profession, but fail to prove that the trademark of “洛杉矶湖人队Los Angeles Lakers” has been used and has enjoyed high reputation before the application date of registration by the Fujian company. In addition, the alleged trademarks cover different classes of good and services, and they are different in function, use and consumer groups, which would not lead to confusion among the public. TRAB then rejected NBA’s opposition and approval the registration of “湖人队HURENDUI” and “LAKERS TEAM” trademarks.
The case is currently under further examination.
