1. P&G
Procter & Gamble Co. (P&G) sued Beijing Royal Vidal Sassoon Beauty Hair School (Sassoon School) for trademark infringement of its registered trademarks, and unfair competition. In April 2014, Beijing Higher People’s Court rendered a final judgment, issuing an injunction against Sassoon School for infringing upon the exclusive trademark rights of P&G, and for unfair competition, ordering a statement on relevant newspapers to eliminate ill effects, cease and desist of use of “Sassoon,” and awarded damages of 500,000 yuan with reasonable to P&G.
P&G contended at trial that it has exclusive rights to use in China the registered trademarks of “沙宣” (Chinese transliteration of SASSOON), “VIDAL SASSOON” and “沙宣美发” (Chinese transliteration of “Sassoon Hair Salon”); that these marks have acquired strong distinctiveness and are well recognized among the relevant public thanks to its sustained publicity and use, that Sassoon School has used, without permission, in its facilities, ancillary supplies and promotions, signs and texts of “Royal Sassoon in Chinese characters,” “ROYAL VIDAL SASSOON BEAUTY HAIR SCHOOL” and “VIDAL SASSOON”; that these marks are substantially similar to its registered trademarks, causing public confusion and infringing its exclusive rights of use; that Sassoon School is a market competitor of P&G, and the registration and use in daily operations of the well-known trademark “Sassoon School,” which P&G has the exclusive trademark right, in the school name, has constituted an act of unfair competition; and therefore Sassoon School has made false propaganda through its domain name on its website “huangjiashaxuan.com” and other promotional materials, misleading consumers and harming its legitimate interests.
Unsatisfied with the trial court decision, Sassoon School appealed to Beijing Higher People’s Court, which rejected the appeal, holding that there was no sufficient ground to support the appeal. Although its business name is approved for registration, the market player should not harm the market reputation of others under the disguise of a legitimate form and shall not confuse its business name with registered trademarks of others. Sassoon School frequently used “Royal Sassoon” and other signs in its services, promotional materials and websites, thus having infringed the exclusive rights of P&G to use the registered trademarks, harmed the interests of P&G and constituted an act of unfair competition.
Accordingly, the court sustained the trial court’s decision.
