Recently, the Beijing High People's Court rendered its final decision in favor of Swarovski Co., Ltd (hereinafter Swarovski). In the case, Swarovsk alleged that Beijing Swarov Wedding Photo Co LTD (hereinafter Swarov) constituted an unfair competition and trademark infringement case. The case was first tried as a first instance case at the Beijing No.2 Intermediate People's Court in which the decision was made against Swarov.
In 2007, Swarovski discovered that, without its authorization, Beijing Swarov used its registered trademarks and words similar to its registered trademarks on trade names, web site, domain name and advertisements of the company. Swarovski then brought the case to the Beijing No.2 Intermediate People's Court on the ground of trademark infringement and unfair competition.
The Court entered into judgment last September, holding Beijing Swarov's acts of using 施华洛, 施華洛 (both Swarovski's trademarks in Chinese) and the use is sufficient to mislead and confuse consumers. Though the two companies engage in different businesses, Swarov's acts harmed the rights and interests of Swarovski. Swarov then appealed to the Beijing High People’s Court, but was rejected.
