The conclusion of a 22-year legal battle opens the way for the British brand to trade across the country for the first time since 1999 after the The Supreme People’s Court of China ordered the invalidation of an unlawful trademark registration.
“This is a landmark decision demonstrating the focus of the court on substantive justice,” said Georgina McManus, the brand’s chief legal officer.
Manolo Blahnik had previously struggled to claim its name in China after being unable to show sufficient evidence of trading in the country prior to the trademark filing by a local individual in 1999. The first-to-file system of China’s trademark regime has left room for trademark “pirates” to exploit as they register and obtain rights to brands without good-faith intent to use them, then selling the registrations on to the bona fide owners when they expand to China, according to a background briefing supplied by Manolo Blahnik.
After the court granted an appeal following the dismissal of earlier legal actions by the brand, in January 2022, a retrial hearing was held and in June 2022 the court issued a final judgment upholding the invalidation based on Manolo Blahnik’s name rights. The case may set a precedent for other fashion brands looking to enforce their rights in China
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