Toby Mak explains that in China, exhaustion of rights extends
far; but did not extend to the defendant claiming to be a
Victoria's Secret distributor or agent in China. But only in
relation to the service mark.
This article reports the first instance and appeal decisions in
at the Shanghai People's High Court on an alleged trade mark
infringement (by the supply of both goods and services) and unfair
competition, by Shanghai Mice Investment Management Co., Ltd (Mice)
of the registered trade mark "Victoria's Secret"
("VS") in China. The proceedings were brought by
Victoria's Secret Store Brand Management Company (VS Brand
Management), the company owning the registered trade mark
"Victoria's Secret" in China, in both English and
Chinese (good work that the trade mark in Chinese is also covered),
in classes 25 and 35 for VS products and services,
respectively.
