dsquared2
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10 January 2014Trademarks

Dsquared2 China appeal set for 2014

An appeal against a favourable Chinese trademark decision for fashion brand Dsquared2 should be heard in the next six months, the company has confirmed.

Fabio Giacopello, partner at Chinese law firm HFG, who represents the Italian company, told WIPR that he expects the appeal, filed by Chinese company Dsquared, to be heard before June 2014.

In September last year the Hangzhou Intermediate People’s Court ruled that Dsquared2 was not infringing an existing trademark (covering apparel) for “Dsquared”.

Dsquared2 has one registered trademark in China but its scope is limited to raincoats in class 25. Other specifications have been rejected so far.

The case arose after the Beijing First Intermediate People’s Court, in 2011, rejected Dsquared2’s trademark application (in the remaining class 25 specifications) because of Dsquared’s registration.

Dsquared2 is trying to invalidate the Chinese company’s mark, which has since been used by Dsquared to sell apparel goods, but the proceedings are pending at the Beijing trademark office.

The Hangzhou court ruled that there would be no confusion between the two brands and therefore no infringement on Dsquared2’s behalf, leaving the company to sell goods other than raincoats in China.

“It is now safer to commercialise our trademark,” Giacopello told WIPR.

He said that for many years brands have been “squatted or pre-empted” in China, and that this is perhaps the first time a company has won a ruling of non-infringement  against an existing Chinese trademark owner.

“I think this is the first case like this in China – I can’t be 100 percent – but this approach is surely rare.”

He added: “What I have learned about China is that things don’t happen by chance: there’s always something behind the scenes. This is not a crazy decision; it was probably discussed between several judges.

“Hopefully it will be confirmed on appeal,” he said.

Dsquared2 was founded by twin brothers Dean and Dan Caten.

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