IP Updates

We Serve the Latest News of IP Industry
for Your Reference

"Piggy Page" Recognized as Well-known Trademark

Shanghai Intellectual Property Court concluded a dispute over trademark infringement between plaintiff ENTERTAINMENT ONE UK LIMITED (hereinafter referred to as Entertainment One) and defendants Chen and Shanghai Xunmeng Information Technology Co., Ltd. (hereinafter referred to as Xunmeng). The trademark "Piggy Page" was recognized as a well-known trademark, and the defendant Chen was ordered to compensate the plaintiff for economic losses and reasonable expenses totaling RMB 30, 000.

The cartoon "Piggy Page" was produced by Entertainment One in 2003, which drew great attention after its first broadcast. The plaintiff found that the defendant Chen used the word "Piggy Page" on the packaging of the "Creative Cartoon Piggy Page LED Table Lamp" sold on the e-commerce platform operated by Xunmeng Company without permission, causing confusion and misunderstanding among consumers, thus infringing the plaintiff's exclusive right to use the registered trademark. The plaintiff demanded cease of infringement act and a total compensation of 500,000 yuan.

The defendant Chen argued that he had not been aware of the infringement caused by the involved product, and that the amount of damages should be determined according to the actual losses of the obligee or the actual benefits obtained by the infringer. The defendant only sold three products involved, thus the amount of compensation claimed by the plaintiff and the lawyer's fee are too high. Also, the animated image of "Piggy Page" has a certain popularity, but it does not meet the standard of being recognized as well-known trademark.

After hearing, the Shanghai Intellectual Property Court held that the premise for the protection of the registered trademark of "Piggy Page" 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 evidence submitted by the plaintiff can prove that the trademark has enjoyed extremely high popularity and reputation in cartoons and electronic publications (downloadable) and meets the conditions for the recognition of well-known trademarks stipulated by law. Therefore, the trademark is recognized as a well-known trademark according to law.