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Story : China-Trademark Lawsuit/Baidu
File ID : 137659
Video ID : 1226409
Dateline : Apr 6, 2012
Duration : 2'05
Locations : Beijing, China
Type : Chinese/Nats
Source : China Central Television (CCTV)
Restrictions : Not access Chinese mainland
Pageview : 298
Summary : Chinese search engine Baidu wins trademark lawsuit
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Shotlist

Beijing, China - Apr 6, 2012
1. Mid of judge and jury at court
2. Mid of attorney of Baidu Inc speaking
3. Mid of attorney of Trademark Examination and Approval Board of SAIC speaking
4. Close of "Baidu" condoms
5. Close of picture comparing logo of Baidu search engine and "Baidu" condom
6. Zoom out of "Baidu" condom packages
7. Pan of "Baidu" condom packages
8. SOUNDBITE (Chinese) Liu Yanfeng, attorney of Baidu Inc (ending with shot 9):
"It (the Yelaixiang Healthcare Products Company) not only registered 'Baidu' trademark but also used it on its products, and it's not using the trademark as it had been registered. We can see the color of its trademark is almost the same as the color of Baidu search engine: blue, white and red."
++ SHOTS ENDING WITH SOUNDBITE++
9. Close of "Baidu" condom package
++ SHOTS ENDING WITH SOUNDBITE++
10. Wide of judge and jury at court
11. Various of Liu Yanfeng, attorney of Baidu Inc speaking, holding "Baidu" condom package
12. Mid of judge, jury and representatives from Baidu Inc at court
13. Mid of representatives from Trademark Examination and Approval Board of SAIC and Yelaixiang Healthcare Products Company at court
14. Pan down of adjudication paper from Trademark Examination and Approval Board of SAIC
15. Various of judge announcing verdict
16. SOUNDBITE (Chinese) Jiang Ying, judge in First Intermediate People's Court of Beijing (ending with shot 17):
"The enterprises should have vision when registering trademark. They should avoid similarity with other brands so that consumers could remember their trademark. In this way they can survive market competition."
++ SHOTS ENDING WITH SOUNDBITE++
17. Mid of Jiang Ying at work
++ SHOTS ENDING WITH SOUNDBITE++
18. Mid of Jiang Ying talking to colleagues

Storyline

Chinese Internet search engine Baidu won last Friday its case against the Trademark Examination and Approval Board under the State Administration for Industry and Commerce of China (SAIC), accusing it of violating Baidu's trademark right by giving permission to a condom company to also brand as "Baidu".

The First Intermediate People's Court of Beijing ruled that the Trademark Examination and Approval Board lost the lawsuit and revoked the trademark of "Baidu" condom of Yelaixiang Healthcare Products Company.

The company in south China's Shenzhen applied to the Trademark Examination and Approval Board on April 13, 2005 to register its condom trademark as "Baidu", which was approved on February 14, 2008. Its approved products include cervical caps, condoms and non-chemical contraceptives. The Baidu Inc registered its trademark on May 27, 2001, with the approved services of search engine and other web information services.

The Baidu Inc filed an appeal with the Trademark Examination and Approval Board on March 2010, asking it to revoke the "Baidu" trademark of the Yelaixiang Healthcare Products Company. But its appeal was rejected by the Board.

"It (the Yelaixiang Healthcare Products Company) not only registered 'Baidu' trademark but also used it on its products, and it's not using the trademark as it had been registered. We can see the color of its trademark is almost the same as the color of Baidu search engine: blue, white and red," said Liu Yanfeng, attorney of Baidu Inc.

Besides the color and Chinese characters, the logo of Yelaixiang's trademark is almost the same as the logo of Baidu Inc, Liu pointed out.

Baidu Inc believes that the Yelaixiang Company has violated the Article 13 of the Trademark Law of the People's Republic of China, which forbids the registration and use of a duplicated, or copied or translated trademark of a similar or different commodity that misleads the public.

The attorney of the Trademark Examination and Approval Board argued that the disputed trademark will not mislead the public as the two companies are in different fields and are irrelevant.

However, the court rules that the consumers will associate the "Baidu" condom with the search engine, which has become a household name in China since its establishment in 2000, and therefore Yelaixiang has infringed the interests of Baidu Inc.

The Trademark Examination and Approval Board and the Yelaixiang Healthcare Products Company didn't file an appeal at court.

 

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