Beijing High Court Recognizes Unregistered Trademark Rights

Guangzhou KuGou Networks Ltd v. Shantou Lifeng Electric Appliances Ltd, Beijing High Court (March 13, 2017)

A recent decision of the Beijing High Court granted full protection to an unregistered trademark in a dispute against the owner of a later registration for the mark. In awarding protection to the unregistered mark, the High Court also clarified some of the standards for evaluating likelihood of confusion and attaining coveted "well-known status" recognition in China.

Background

Guangzhou KuGou Networks Ltd ("KuGou") was established in 2004 and offers a music streaming and download service in China, under the mark "KuGou". KuGou's service is the largest online music service in China, and is available at the website www.kugou.com.