IP news


Good morning everyone. Hope you are all recovered from Valentine’s day. For this week’s news:

New Balance vs New Barlun

New Balance just landed a victory in a trademark lawsuit in China against a brand named “New Barlun” which produces similar products as the American athletic brand. Below the evidence.

According to the Shanghai District Court, New Barlun’s “N” logo is in violation of New Balance’s trademark rights because it is both visually and conceptually similar (as you can appreciate). The Court also established that the Chinese brand had acted in bad faith after ignoring a previous interim injunction ordering it to cease production and manufacturing. During this period, the Chinese company continued to benefit from the similarity and reputation of New Balance.

Tequila Regulatory Council (TRC) vs Heineken’s “Desperados”

In 2019, the EU granted Tequila the “Protected Geographical Indication” seal. Despite this recognition, according to the TRC, Tequila is still facing a number of legal battles in the EU, especially against Heineken. There are 2 cases pending against Heineken (Germany and Netherlands).

As a result of these legal battles, the TRC refrained from granting the “authenticity export certificates” to Heineken’s Mexican provider (so no Tequila export authorised). Consequently, Heineken filed a complaint before the European Commission against Mexico, claiming “technical barriers to trade”. As a result, the TRC has now presented proof to sustain its allegation that for years, Heineken has refused to respect the Tequila Protected Geographical Indication when using it in its Desperados beer.

The situation is still pending but we will keep you updated.

This is all for today. Have a very nice week!