According to Sindy Ding-Voorhees, an intellectual property law attorney at Kilpatrick Townsend & Stockton LLP, taking preventive measures is an easy first step.
‘s recent victory in China. Last month the French luxury label successfully defended its red-sole stilettos from copycats without a trademark registration.
But there’s good news for brands: in recent years, the China National Intellectual Property Administration has strengthened the protection of well-known trademarks. For example, the CNIPA has been expanding on the meaning of malicious registration. If a trademark has not been used in commerce for up to three years, brands can apply for a cancellation of trademark registration on the grounds of nonuse.
The American fashion brand already registered its trademarks in multiple fashion-related categories, but counterfeiters found a loophole nonetheless. The infringer registered the T-emblem under the “metal buckle decoration” category, then produced the T-emblem ballet flats separately from the shoe parts.
To prove copyright infringement in gray-zone areas, such as brand-related editorial content or social media layouts, brands can also register specific creative content with the CPCC.