Supreme People’s Court suspends Castel damage award
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

Supreme People’s Court suspends Castel damage award

The French wine maker, which had been found liable for infringing the mark of a Chinese winemaker, has received a temporary stay of the damage award handed out by the Zhejiang Higher People’s Court

Castel had been ordered to pay RMB33.73 million ($5.5 million) in damages to a wine importer who held the registration to a popular Chinese transliteration of its brand, Ka-Si-Te (卡斯特).

Castel appealed the decision to the Supreme People’s Court. According to Decanter.com, the court granted the stay after it found that the Zhejiang Higher People’s Court applied the law incorrectly.

The Supreme People’s Court’s decision is expected later this year.

Shanghai-based wine importer Panati and its subsidiary Cavesmaitre registered the Ka-Si-Te mark in 1998, which was approved in 2000. Castel started distributing its wine in China in 1999 using the Ka-Si-Te mark. Though it had registered the Latin alphabet “Castel” mark, it did not attempt do so for Ka-Si-Te.

In 2005, Castel initiated cancellation proceedings against Cavesmaitre for the Chinese mark on grounds of non-use. Cavesmaitre then counterclaimed for trade mark infringement, prevailing before the Zhejiang Intermediate People’s Court and then again on appeal to the provincial Higher People’s Court.

For Managing IP’s coverage and analysis of the case, click here.

more from across site and ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article