Johnson & Johnson entangled in 120M yuan trademark trouble

Johnson & Johnson entangled in 120M yuan trademark trouble

      Despite the Supreme People's Court had sealed the over ten years legal battle between a Foshan-based company, the St-Flora (United) Co. Ltd and Johnson & Johnson company in October 2009, the case turned out to be just a beginning of a falling dominoes effect. St-Flora filed suit recently challenging Johnson & Johnson and Xi'an-Janssen Pharmaceutical Ltd (Janssen) and other four companies to Beijing Supreme People's Court for perjury-provoked property harm and demanding the defendants to pay 120 million yuan in damages. The case will be heard at the end of May this year.

      It's been a battle for over ten years. Johnson & Johnson held that the No. 1214187 trademark of "采乐CAILE" St-Flora obtained certified to be used on Class 3, the goods of cosmetic constituted an imitation of "采樂"certified to be used on Class 5 which damaged to its lawful rights and interests.

      After Johnson & Johnson sought rejection for the 3rd time in 2002, according to the amended trademark law and the evidence Johnson & Johnson submitted, TRAB revoked the trademark of "采乐CAILE" in June 2005 on the ground that the trademark of "采樂" was considered as a well-known trademark. St-Flora then brought the case to the court, after lost in the first and second instance, the disgruntled St-Flora appealed to the Supreme People's Court and gained the support.

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(From China Report Intellectual Property)