Brooks Brothers Encounters a Trademark Dispute

The Supreme People's Court recently handled the near eight-year trademark dispute filed by Brooks Brothers, an American garment brand, after they failed in the trademark case against the defendant, a British-based garment company, in second instance judgment made by Beijing Higher People's Court.

The case dates back to the year 2002. A natural person surnamed Yuan filed the No. 3158776 sheep image as trademark to be used on Class 25 products of clothing, shoes, socks etc. Later, the filings has been approved and then transferred to the above-mentioned British company.

Four years later, in November 2006, Retail Brand Alliance Inc., the then parent company of Brooks Brothers, challenged the trademark in dispute.

Brooks Brothers claimed that the sheep image, which is constituted with a ribbon hanging a goat, has been used as a trademark since 1850. The defendant's mark is the same as theirs and infringement has been constituted. Meanwhile, the defendant company has been canceled in November 2004, as a result, the trademark in dispute should be canceled either. The Trademark Review and Adjudication Board (TRAB) supported Brooks Brothers' request.

The defendant challenged TRAB's rulings and brought the case to Beijing No. 1 Intermediate People's Court and has won the court's support, and TRAB revoked the trademark in question.

Disgruntled Retail Brand Alliance then brought the case to the Beijing Higher People's Court. However the court denied it. Retail Brand Alliance then seeks reversal from the Supreme People's Court. The court finally decided to take over this case.

We will keep close recent development of the case.