Recently, Shanghai No.2 Intermediate Court entered a first-instance judgment on “NIVEA” trademark dispute between the German-based Beiersdorf Group and two Chinese companies, Shanghai Yuyan Cosmetic Company and Shanghai Arunis Biotechnology Company, ordering the two defendants to cease infringement and jointly pay 500,000 Renminbi yuan in damages.
Beiersdorf Group is the owner and manager of “NIVEA” brand, and “NIVEA” trademark was approved for registration by the Trademark Office (TMO) under the State Administration for Industry and Commerce (SAIC) and is still under the protection by Chinese Law.
After examination, the court held that the infringing products are identical with those covered by the plaintiff’s registered trademark, and the main part of the alleged trademark “NIYEA” was similar with the registered trademark “NIVEA” in words. The only difference is one letter between "Y" and "V". In spite of this, these 2 letters look similar. Additionally, the alleged trademark imitates Beiersdorf’s “NIVEA” in shape, color, font. The 2 marks are similar when judged as a whole.
The court consequently ordered the defendants to cease infringement immediately and pay 500,000 Renmnbi yuan to the plaintiff for damages. The two defendants were not satisfied and appealed to Shanghai High People's Court.
