Chinese court upholds Burberry $800k win over ‘Baneberry’ infringer
Second instance judgment confirms infringement of Burberry’s well-known marks | Xinboli Trading sold products using UK fashion brand’s protected logo and graphics across online and physical stores | In-house counsel praises China firm’s ‘skill’.
Burberry has been awarded over $800,000 in damages after a Chinese company used its protected trademarks on products sold on e-commerce giant Tmall and social media app WeChat, as well as in over 40 pop up stores across China.
The second-instance judgment from the Jiangsu Provincial High People’s Court builds on a previous ruling that granted a preliminary injunction against infringer Xinboli Trading Shanghai, which was selling products using the trademark ‘Baneberry’.
Xinboli Trading was found to have sold and advertised goods using Burberry’s protected graphic trademarks and a registered logo that resembled Burberry’s ‘Equestrian Knight’ design.
The Court awarded damages of RMB 6 million (around $830,000), which was based on the total number of infringements, level of malicious intent and severity of the infringement.
Risk of ‘irreparable damage’
Burberry secured a preliminary injunction against the firm in February 2021, when the Suzhou Intermediate People’s Court stated that Xinboli’s behaviour likely constituted infringement, and that failure to issue an injunction could cause “irreparable damage” to the British luxury fashion house.
Following that judgment, Chinese law firm Lusheng, which represented Burberry in the case, collected and submitted over 5,000 pieces of evidence to show that Burberry’s marks had been well-known in China when Xinboli applied to register its contested trademarks, and that its applications were made in bad faith.
Amily Chen, managing IP counsel at Burberry, commented: “China is home to one of the largest luxury goods markets globally, making it a key market for Burberry.
“Upholding our brand reputation in China is critical, and thanks to Lusheng’s skill and commitment to local enforcement, we’ve been able to maintain a high level of protections on our brand.”
Lusheng lead attorney Alice Yu said: “This case marks an important moment in Chinese IP litigation. Strategically, it shows how well positioned China is for temporary injunction protection and combating malicious trademark registrations, and it signposts confidence in China’s judiciary.
“We’re seeing that seeking civil litigation and even interim injunctions are increasingly becoming a way for brands to resolve bad faith trademark squatting in China. We’re proud to have helped Burberry protect its brand equity from further disruption.”
