Nestle, Dumex Trade Punches over trademark in Beijing Court

Beijing No.1 People's Court heard Nestle's trademark and unfair competition assertions against the maker of Dumex baby diary products, Numico on November 13. Nestle attorney sought damages under the statutory confine of 500,000 yuan to be determined by the court on the result of unable to figure out the actual enrichment of the defendant.

In the course of the hearing, Nestle attorney claimed, its Shield logo was registered at the Trademark Office of the State Administration for Industry and Commerce (SAIC) on February 22, 2006. Another logo Jindun (meaning Golden Shield), which is pending for registration, has been used in a large quantity of products.

The plaintiff learnt, without its authorization, the defendant used a logo with similar shape to the plaintiff's Shield on a prominent spot of the packaging of its Dumex Mamil Gold line of products as well using the words Jindun in visible manner. In addition, the defendant also used Jindun in its marketing and advertising materials. The two parties would later have multiple negotiations but fizzled.

In response, Numico attorney denied all trademark infringement or unfair competition allegations against its client by presenting 4 groups of 10 subgroups of rebuttals.

The court did not render a decision immediately.