The Use of “Golden Rice” is Free from Trademark Infringement

In May 2013, Jiangsu Jianyuan Silk Textile Co. Ltd. (Jiangsu Jianyuan) obtained the right to use a trademark of “Golden Forever” for selling its rice. Afterwards, the corporation found that another food company Baiwei Food Co. Ltd (Baiwei Food) used the trademark of “Golden Rice” for selling rice but without registration. Then, Jiangsu Jianyuan brought the lawsuit against Baiwei Food Co. Ltd for trademark infringement before the Nantong Intermediate People’s Court, Jiangsu Province. Recently, the Intermediate People's Court of Nantong City, Jiangsu Province made ​​the final judgment to confirm the first instance judgment, determining that these two trademarks are not sufficiently similar, and the defendant has a “bona fide” intention to use the mark of “Golden Rice” on its product. The plaintiff's claim was dismissed.