They took it apart and showed me the pictures it looked like a bomb went off inside. Metal scoring and shavings everywhere.
In that case, 10 years of costly legal wrangling failed to cure the problem. A Chinese court ruled that Ferrari could not challenge the local company's trademark because Ferrari was not well-enough known in China.
Litigators with expertise on the matter all underscore the importance of getting a lead on those seeking to profit off brand identities. This is a game that plays out constantly in mainland China, and elsewhere for that matter, with people or companies seeking to cash in on foreign brand identities by securing local commercial rights to their logos and names.
Fundamentally, the game is a race to see who can get the rubber stamp from the Chinese Trademark Office.
Whoever gets a mark registered first usually wins. Fight it out in court or buy the trademark from the locally registered owner. Last year, Apple Inc. As the Apple and Ferrari examples illustrate, companies end up paying millions more to claim trademark rights later than it costs to secure the rights earlier.
On the other hand, the potential cost of buying rights to these marks claimed by someone else can run into the millions. The latest high-profile trademark dispute involves U. But critics in China have accused him of simply trying to blackmail Tesla by holding its logo and name hostage, a process casually described as trademark trolling.
China is a so-called civil code country, which means its trademark law is dictated by statute that can only be revised by changes implemented by executive or legislative powers. This differs from common-law countries, comprised largely of Britain and its former colonies, including the United States, in which changes to the law occur by the courts establishing legal precedents, drawing on past rulings to establish new ones.
Most countries in the world abide by the convention, but they reserve the right to determine for themselves if a mark is well-known locally. Tesla must convince an administrative court that Zhan is simply trying to extort money from the company, which will not be easy.
In other words, Tesla must prove the register-holder had some direct connection with the company in the past and knew it was planning a move into mainland China. Then, it must also convince the court that its brand was well-known in China at the time the defendant registered the trademark.
Zhan could argue that inwhen he registered his trademark claims, the Tesla brand was not well-known in China. Tesla was founded in and went public three years ago. Zhan also had no previous connection to Tesla. May Chan, an intellectual rights litigator for Ella Cheong, a law firm with offices in Hong Kong and Beijing that specializes in China patent, design and trademark issues, says companies that cannot convince a court that their trademarks are well-known in China could be out of luck.
For the time being, both Zhan and Tesla are using Tesla trademarks in China: In court, Tesla could argue that Zhan attempted to grab trademarks for at least three other companies in recent years, but that might not be sufficient to prove bad faith was involved.
Tesla spokesman Alexis Georgeson told IBTimes on Wednesday that the company is not commenting on the issue at this time. The new law puts greater responsibility on trademark agents, under threat of fines and suspension of business, to avoid working with clients whom they know, or should know, are infringing on the trademark rights of others.
It also protects well-known trademarks even if these brand names have not been locally registered. However, the high-profile trademarks must be well-known in China, not just in the West or in the United States, and so the law does little to help start-ups like Tesla claim rights to their own logos.
Moreover, the law still requires companies challenging trademark holders to prove that the defendants had prior interactions with them, and that they acted in bad faith by using their knowledge of a planned entry into the mainland to extort money from the company by staking claim to their trademarks.After an investigation by the National Highway Traffic Safety Administration, Ford announced a recall and replacement of million Firestone tires in October This recall occurred after deaths and serious injuries had already been reported because of the unsafe tires.
The cases involving the explosion of Ford Pinto's due to a defective fuel system design led to the debate of many issues, most centering around the use by Ford of a cost-benefit analysis and the ethics surrounding its decision not to upgrade the fuel system based on this analysis.
China is a major world player now, and local brands such as Baoding-based auto maker Great Wall Motors and computer hardware maker Lenovo Group of Beijing will encounter their own trademark. The Negro Motorist Green Book (at times styled The Negro Motorist Green-Book or titled The Negro Travelers' Green Book) was an annual guidebook for African-American roadtrippers, commonly referred to simply as the Green alphabetnyc.com was originated and published by New York City mailman Victor Hugo Green from to , during the era of Jim Crow laws, when open and often legally prescribed.
Get the latest breaking news across the U.S. on alphabetnyc.com Despite a number of hopeful notes in the continuing turnaround at General Motors, the automaker's North American ops are still dealing with the same problems.