New Barlun’s “N” logo had violated New Balance’s trademark rights, according to the Shanghai Huangpu District Court, as it was both “visually and conceptually” similar to the genuine brand’s design. Also found that New Barlun had acted in bad faith after ignoring a previous interim injunction ordering it to cease production and manufacturing during a period which it benefitted from the similarity, and consequently reputation, from the American sportswear giant. The court’s ruling isn’t the first against New Barlun over the past year as the Chinese company had previously been found to have engaged in “unfair competition” by the Shanghai Pudong District Court, ultimately paying a fine of roughly $1.54 million USD.
On top of New Barlun, the counterfeit brand’s distributor Shanghai Lusha Fashion Co had also been found jointly liable and had to contribute roughly $15,000 USD to the total damages paid to New Balance.
Dan McKinnon, senior counsel of intellectual property and global brand protection for New Balance says, “It is very encouraging that the court has once again recognized the legitimacy of New Balance’s intellectual property rights which will help ensure that our brand is safeguarded and protect our consumers’ interests.”
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