"Lafite" Recognized as a Well-Known Mark by Beijing High Court

March 17, 2018

Recently, Beijing Higher People's Court issued final judgement on the dispute over TRAB decision concerning invalidation of trademark "卡斯特拉斐CASTEL LAFITE" registered by Xinji Futai Leatherware Co., Ltd. on January 14, 2013 in respect of clothing in Class 25. The Court found that the prior trademark “LAFITE”registered by Chateau Lafite Rothschild (The Plaintiff) in respect of alcoholic goods in Class 33 enjoys high reputation among the public and thus has constituted well-known trademark; that the disputed mark fully incorporates the prior well-known mark “LAFITE” and one of its corresponding Chinese 拉斐, and has constituted copy, imitation or translation of the cited well-known mark, damaged the fixed connection between the cited mark and its labeled product, diluted the distinctiveness of the cited mark, and may have impaired plaintiff’s interest. Beijing Higher People's Court issued final judgement to revoke the judgement of the first instance and the decision made by Trademark Review and Adjudication Board (TRAB) and ordered TRAB to issue anew decision on the invalidation case.