Trademark infringement accusation to Siemens is rejected for fair use

April 3, 2008

Bossy China Home Appliance Co., Ltd., manufacturer of SIEMENS refriegerators in China, and its distributor Jiangsu Bossy China Home Appliance Sales Co., Ltd., etc. were accused of trademark infringement for using words “BIOFRESH” on its refrigerators. Recently Shanghai No.1 Intermediate People’s Court (the “Court”) rejected all the plaintiff’s claims based on that it falls into the fair use.

The plaintiff, a foreign company set up in Germany, obtained the exclusive right of the trademark “BIOFRESH” in China. The Court found that the words “Bio Fresh” are used on the panel of fresh room on the inner part of Siemens’ refrigerators and the labels indicating name, type, date of products sticked on the refrigerators’ packages, where however the “SIEMENS” trademark is more extraordinarily marked. Besides this, “SIEMENS” trademark is used on the distinctive places of Siemens’ refrigerators and their packaging boxes.

The Court holds that the words “Bio Fresh” on Siemens’ refrigerators is intended to describe the character and function of the products and will not lead to confusion on refrigerators or the manufacturers of such refrigerators. Therefore, it falls into the circumstances of fair use and does not constitute infringement to the plaintiff’s trademark right.

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