Case Details
28
Nov
Invalid case of design patent for "sports shoes"
PUMASE (hereinafter referred to as the Applicant) is the trademark owner of the prior trademark. The Applicant claims that the registration date of its trademark is earlier than the date of the patent application in question, and the trademark is still valid, which is a legal right obtained by the Applicant before the date of the patent application in question.
The patented product involved in the case and the goods related to the trademark belong to the same category of goods. The logo used in the patent in question is similar in design style, composition, and overall appearance to the trademark. The line shaped pattern set on the side of the shoe by the patent in question is highly similar to the trademark, which can easily confuse the public and lead them to mistakenly believe that the product of the patent in question is the same subject or has a commercial cooperation relationship with the trademark owner, thereby infringing on the legitimate rights and interests of the trademark owner. The patent in question conflicts with the trademark and does not comply with Article 23 (3) of the Patent Law.
Zhongqiao Sports Co., Ltd. (hereinafter referred to as the patentee) claims that the original intention of the establishment of Article 23 (3) of the Patent Law is to prevent applicants from using the legitimate rights and interests already enjoyed by others as part of the design application and obtaining patents without permission. Therefore, for situations that infringe upon the legitimate rights and interests of prior trademark owners, protection should be provided, but this does not mean that public resources can also be protected by expanding the scope of prior trademark protection. One of the focal points of this case is the controversy over whether the line segment of the outer contour of the design in the right view constitutes an imitation of the prior trademark runway shape, leading to confusion. The patentee believes that the fact that a graphic trademark is composed of points and lines does not mean that the composition points and lines are exclusively enjoyed by the trademark owner. The legitimate use of lines by the public belongs to social public resources and is within the normal scope allowed by commercial activities. It cannot be improperly occupied by the trademark owner based on an expansive interpretation of the trademark right.
The final invalidation case of the design patent for "sports shoes" maintains the validity of the patent and has been selected as one of the top ten invalid cases for national patent reexamination in 2023, making it the only design patent invalidation case selected.
