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This is the case in which the court in Shanghai has es- tablished the very first well-kown mark since the amended Trademark Law entered into force in 2001.On 31 December 2005,the Shanghai No.2 Intermediate People’s Court ren- dered the ruling of first instance,establishing that the“STARBUCKS”and“星巴克”(the Chinese translation of“STARBUCKS”pronounced as“xingbake”) trademarks as well-known marks and deciding that the defendant’s act con- stituted trademark infringement and unfair competition.Dis- satisfied with the ruling the defendants appealed to the Shanghai Higher People’s Court,which made the ruling to have upheld the former ruling.In this article an in-depth study is presented of the establishment of the well-known marks in suit and the decision on the trademark infringement and unfair competition and on the amount of damages.
This is the case in which the court in Shanghai has es tablished the very first well-kown mark since the amended Trademark Law entered into force in 2001.On 31 December 2005, the Shanghai No.2 Intermediate People’s Court ren- dered the ruling of first instance, establishing that “STARBUCKS ” and “trademark of the Chinese translation of ” STARBUCKS “pronounced as ” xingbake "as well-known marks and deciding that the defendant’s act con- stituted trademark infringement and unfair competition.Dis- satisfied with the ruling the defendants appealed to the Shanghai Higher People’s Court, which made the ruling to have upheld the former ruling. this article an in-depth study is presented of the establishment of the well -known marks in suit and the decision on the trademark infringement and unfair competition and on the amount of damages.