Michelin Prevailed In A Trademark Infringement Dispute Involving The "Mizhilian In Chinese" Mark

The Compagnie Generale des Etablissements Michelin (“Michelin”) owns the registered trademarks “MICHELIN” and “Michelin in Chinese.” The said trademarks had been recognized as well-known marks multiple times. Since 1900, Michelin has published the “Michelin Guide” for restaurants around the world, and the restaurants included in it are recognized as Michelin restaurants. In 2008, Michelin began to use “Mizhilian in Chinese” as the Cantonese translation of “MICHELIN” and has issued the “Mizhilian Guide in Chinese” for a long time. A catering company in Shanghai used the “Mizhilian in Chinese” logo during its business activities without authorization and promoted on its website: “My name is 'Mizhilian in Chinese.' In Hong Kong, 'Mizhilian in Chinese' means Michelin… …”. Its business scale has expanded rapidly, with 500 stores opened across the country in the past five years. Michelin then filed a lawsuit in court, claiming that this Shanghai catering company had infringed on its well-known marks. The first instance court held that Michelin's “MICHELIN” and “Michelin in Chinese” trademarks are well-known trademarks, and “Mizhilian in Chinese” is the Cantonese translation of “MICHELIN.” The Shanghai catering company used the “Mizhilian in Chinese” logo without authorization that infringed Michelin's trademark right. The court ordered the Shanghai catering company to stop the infringement and compensate Michelin RMB10 million (USD1.4 million). The Shanghai catering company appealed. The Hubei High Court found that when judging whether the relevant languages have a translation relationship, not only is it necessary to consider the corresponding language habits and regional differences, but also to respect the current market situation. Foreign trademarks can have multiple different Chinese translations. The “MICHELIN” trademark can be translated as “Michelin in Chinese,” but Michelin also translated it into Cantonese as “Mizhilian in Chinese” and issued the “Mizhilian Guide in Chinese.” After long-term use and publicity, “Mizhilian in Chinese,” “MICHELIN” and “Michelin in Chinese” have formed a stable language correspondence. The Shanghai catering company claimed in its promotion that “'Mizhilian in Chinese” means Michelin in Hong Kong dialect and that it deliberately took advantage to the goodwill of the “MICHELIN” and “Michelin in Chinese” trademarks and intentionally caused consumer confusion. The appeal was dismissed, and the lower court's decision affirmed.

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