Judger Fends off Wal-Mart Attack

Beijing Higher People's Court recently ruled in favor of Judger Group, a Zhejiang-based garment enterprise in a trademark dispute, reversing the decisions by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) and by Beijing No.1 Intermediate people's Court, affirming the validity Judger's trademark of GEORGE and its figures.

Wal-Mart filed more than 400 trademarks since its China entry in 2001, among which was the disputed trademark of GEORGE and its figures. However it failed for being granted as the Judger Group had already registered. Wal-Mart asserts that Judger Group has not used this trademark for three years between January 16, 2000 and January 15, 2003, and requested the Trademark Office (TMO) under SAIC to revoke registration of it.

After TMO held that the disputed trademark was still valid for Judger Group in May 2004, Wal-Mart then brought the case with TRAB. In June 2008, TRAB revoked the trademark. As Beijing No.1 Intermediate people's Court held the decision by TRAB after Judger filed the administrative litigation, Judger appealed to the Beijing Higher people's Court.