Burberry has triumphed over Baneburry in a trademark infringement and unfair competition case after the Jiangsu Provincial High People’s Court ruled in its favor. Xinboli Trading Shanghai (Xinboli), trading as Baneburry, was ordered to cease use of the infringing marks, had its own registrations declared invalid, and was ordered to pay Burberry RMB 6 million (approximately £655,633) in costs due to the scale of the infringement.

China is a notoriously difficult territory to navigate when it comes to protecting and enforcing IP. The stringent examination procedure means that objections to applications will almost certainly be received and can be very difficult to overcome. The sub-classification system and the crowded nature of the register also present challenges for brands seeking to protect their marks in China.

In terms of enforcement, brands face a myriad of issues from bad faith trademark registrations (such as those in the current case) to counterfeit goods and online infringements.

However, this decision shows how important it is for brands to invest in protection in China, as Burberry has done successfully here with its trademarks, and for brands to be brave in enforcing those rights via the court where necessary.

This decision will be welcome to fashion brands as it shows that the Chinese courts are willing to take appropriate action against blatant infringers and assist brand owners in protecting their IP rights and brand reputation in China.

Emma Day and Harriet Berridge unpack the case in an article for The Trademark Lawyer which you can access here.