Burberry granted preliminary injunction in Chinese ‘copycat’ case
A Suzhou court has granted British luxury brand Burberry a preliminary injunction against Xinboli Trading (Shanghai), the owner of Chinese brand Baneberry. The case centres on alleged trademark infringement by the latter company against the former.
According to media reports, Baneberry has opened 40 new stores in the last 18 months. It has also increased its e-commerce business significantly.
Baneberry legally acquired trademarks for its name and logo (which closely resembles the equestrian knight used as a logo by Burberry until a 2018 rebrand) in 2009 and 2011, respectively.
However, the Suzhou Intermediate People’s Court recently found that Burberry’s name and logo were already well-known at that point in time, having been used internationally for over a century.
The court stated that there was more urgency than usual in the Burberry versus Baneberry case, due to widespread complaints from Chinese consumers who had mistakenly bought Baneberry products both in-store and online, when their intention was to purchase Burberry merchandise.
As the trial is still underway, no final ruling has been made. Preliminary injunctions, such as this one, granted while the case remains ongoing, are rare in China.
Image: Burberry mini vintage check two-handle title bag via Instagram.
