MENTHOLATUM Prevails in First Instance in Beijing

Beijing Fengtai People’s Court ruled in favor of trademark owner of 乐敦, MENTHOLATUM company, ordering injunction against defendants 16,000 yuan in litigation cost.

MENTUOLATUM is a subsidiary company of Japan Rohto Pharmaceutical Company in China. On September 15, 2006, Rohto granted its NO.864094 trademark 樂敦 to MENTUOLATUM. The trademark was registered on August 21, 1996 and was certified to be used in Class 5 goods.

The court found that the defendant Wanbang Biopharma Company used the words金乐敦 on its eye-drop products and distribution as well. MENTHOLATUM then filed suit in the court on the ground of trademark infringement and sought 300,000 yuan in damages.

The court held that Wanbang Company constituted trademark infringement. The co-defendant Meichen Pharma Company does not need to bear the liabilities on the ground that it has nothing to do with Wanbang Company.

(Source: SIPO 2010-06-03)