Case Name | Fact | Holding/Legal Basis |
ETS V. New Oriental Language School | Defendant used TOEFEL mark in its publications to refer its publications designed for the TOEFL tests | Ø Infringement Ø Nominative use identical mark cause likelihood of confusion Ø Article 57 (a) of China Trademark Law (2001) |
VOLVO Trademark Holding Aktiebolag V. Longevity Filters Ltd. | Defendant used the sign “FOR VOLVO” on the spare parts to refer spare parts fit for VOLVO car. | Ø Infringement Ø Nominative use identical mark cause likelihood of confusion Ø Article 57 (a) of the China Trademark Law (2001) |
Ying Zhi Bao Automobile Sales & Service Co. v. Audi. | Defendant used the sign AUDI in repair store to refer providing repair services for AUDI car. | Ø Infringement Ø Nominative use identical mark cause likelihood of confusion Ø Article 57 (a) of the China Trademark Law (2001) |
Nippon v. Taobao | Defendant used Nippon mark on website for advertisement to refer selling Nippon’s product in their online store. | Ø No infringement Ø Nominative use identical mark did not cause likelihood of confusion Ø Article 57 (a) of the China Trademark Law (2001) |