Shift over OEM manufacturing
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Shift over OEM manufacturing

Case of the Year 2012: Ryohin Keikaku v TRAB

muji.jpg

The issue of whether manufacturing goods for a foreign market constitutes use of a trade mark for infringement purposes has been a major concern for companies that use original equipment manufacturers (OEMs) in China, and the recent Muji case may indicate a significant shift. In Ryohin Keikaku v TRAB, the Supreme People's Court rejected Ryohin Keikaku's opposition to another company's filing of its Muji mark in Class 24. Ryohin Keikaku's opposition was based on its prior use of the mark, which was limited to use on OEM manufacturing for export. The Court rejected it, saying that OEM manufacturing for export does not establish the required prior use and level of influence. Though the Court avoided the issue of whether the manufacturing constitutes use as regards infringement, it could have ramifications for those cases.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and ros bottom lb

More from across our site

Lawyers weigh in on the USPTO’s request for comment on the effects of AI on prior art analysis and obviousness determinations
A vast majority of corporates – especially smaller businesses – rely on a trusted referral when instructing external counsel, according to a survey of nearly 29,000 in-house counsel
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
The Munich Regional Court ruled that Lenovo was an unwilling licensee and had engaged in ‘holdout’ tactics
Technological innovation should play a critical role in advancing sustainable practices, argues Justin Delfino, global head of IP and R&D at Evalueserve
Ewan Grist of Bird & Bird, who acted for Lidl in its trademark victory against Tesco, reveals some of the lessons brand owners can take from the judgment
Dolby’s lawsuit at the Delhi High Court follows a record win by Ericsson earlier this year against the same defendant
Tee Tan, chief information officer at the owner of several IP firms, says to avoid tech just for the sake of it and explains how his company builds in-house tools
Regardless of whether the FTC’s ban on non-competes goes into effect, businesses should stop relying on these agreements
Mary Till, a former legal advisor at the USPTO who has joined Finnegan this week, is looking forward to providing clients with a USPTO perspective
Gift this article