Guinness World Records Wins the Trademark Infringement Case Against Chery in the First Instance Court

Beijing, China, September 2017: A civil court of first instance in China recently ruled that Chery Automobile Co. Ltd. and Anhui Chery Automobile Sales Co., Ltd (“Chery”or the “Defendants”) must pay RMB 2.12 million in damages and legal costs for infringing the trademarks of Guinness World Records Limited (“GWR”or the “Claimant”), the global authority on record-breaking achievement. 

 

“We are delighted that the Foshan Intermediate Court has issued this decision in favour of Guinness World Records, one which sends a very powerful message to intellectual property infringers. Guinness World Records takes matters regarding its intellectual property very seriously indeed and will continue to co-operate with the Chinese authorities to bring infringers to justice,” said Raymond Marshall, the General Counsel of GWR.

 

"吉尼斯", "吉尼斯世界纪录", and "Guinness World Records" are the registered trademarks and brand names of the Claimant. Since 10 April 2014, Chery has organized a series of events titled "Chery Arrizo Challenging Guinness China Tours" in at least 16 cities across China. 

“The word marks "吉尼斯" and "GUINNESS" were used extensively during these events. Chery also falsely claimed to have achieved several Guinness World Records™ records on its official website. 

 

“The Defendants carried on with these infringing uses despite receiving notices and cease-and-desist letter from the Claimant. In the decision, the court has held that such action, or rather inaction, from Chery constituted malicious infringements and unfair competition.”

 

Nancy Qu,  partner from Chang Tsi & Partners who represents GWR in this case, commented "All this while, the difficulty in protecting intellectual property rights in China and the high cost of doing have not only discouraged right owners in brand protection, but also proven to be a challenge to businesses here. 

 

“The court in this case has taken the malicious intent of the Defendants into full consideration and awarded punitive damages to the Claimant accordingly, ensuring that the Defendants pay the price of their bad faith. This ruling will have a profound impact on the country’s effort in creating a sound business environment."