DIAGEO Fails to Enjoin Similar Marks "JOHNNIE WALKER"

The case lodged by DIAGEO BRANDS B.V.(DIAGEO), challenging Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) and Fujian Jinjiang Shenglong Food Co.,ltd (Shenglong) for improper registration of trademark was rejected by Beijing No.1 Intermediate Court recently.

Shenglong applied for the registration of No. 1989966 trademark of "約翰走路" on September 29, 2001. DIAGEO claimed "約翰走路" was similar with the trademark of their famous whisky in translation of "JOHNNIE WALKER" in Chinese injure the trade name right of JOHNNIE WALKER. DIAGEO then sought aforementioned review from TRAB, which was denied on June 28,2010. The disgruntled DIAGEO then brought the case to Beijing No.1 Intermediate Court.

The court held the two trademark were similar marks in meaning indeed. However, the DIAGEO failed to prove the trademark of "JOHNNIE WALKER" enjoyed high reputation and was familiar among Chinese customers before the trademark in question was registered. Shenglong did not fall in the scope of infringing a well-known trademark under the Trademark Law. So ordered.