The Fendi Signboard Case: The Final Decision Is Out!

The long-awaited retrial and final decision in the case Fendi v. Shanghai Yi Lang International Co., Ltd. (hereinafter referred to as "Yi Lang") has been finally issued on March 4th, 2021. The decision confirms the conclusions of the Second instance judgement which declared the infringement conducted via the unauthorized use of Fendi trademarks/tradename on the signboard of mono-brand store selling parallel imported goods.

A conflict between parallel importers and trademark owners exists in China from long time. Having China substantially adopted the principle of the international exhaustion of the trademark right, selling parallel imported goods is generally regarded as legitimate. However, parallel importers, trying to nobilitate their positioning, sometime cross the lines of the fair and descriptive use of the trademark.