The Shanghai Intellectual Property Court recognized the trademark "Peppa Pig" as a well-known trademark by law

2021/03/22

 

Recently, Shanghai Intellectual Property Court concluded the trial of the plaintiff, Entertainment One UK Limited, and the defendant Chen Moumou, and Shanghai Xunmeng Information Technology Co., Ltd.. In the case of trademark infringement dispute, the trademark "Peppa Pig" was determined to be a well-known trademark, and the defendant Chen Moumou was ordered to compensate the plaintiff, Entertainment One, for economic losses and reasonable expenses totaling RMB 30,000.
 
The Shanghai Intellectual Property Court held that the plaintiff’s registered trademark of "Peppa Pig" was approved for use in category 9 cartoons, electronic publications (downloadable) and other commodities, and was not the same as lighting products belonging to category 11 or similar goods are not related goods. Therefore, the premise of protecting the registered trademark of "Peppa Pig" in this case is that the trademark must be a well-known trademark, so it is necessary to make a judgment on whether the trademark is well-known.
 
The court determined the amount of compensation based on the nature, duration, scope, and consequences of the defendant Chen's infringement, the popularity and reputation of the "Peppa Pig" trademark, and the plaintiff's reasonable expenses to stop the infringement. After the verdict, neither party appealed.