DHH Prevails in Representation of a Nationally-known Photography Studio in a Trademark Cancellation Lawsuit
Release time：2016-06-01 10:27
In January 2016, Senior Partner Hao Chen and Shanhong Ding from Beijing DHH law firm represented Nanjing First Lady wedding photography studio (“First Lady”) in an administrative dispute against the review decision on trademark cancellation. Beijing Intellectual Property Court overruled the previous review decision made by the Trademark Review and Adjudication Board (TRAB) and required the foregoing board to undertake a specific administrative act anew. At present, the judgment has become effective. Regardless of twists and turns, “First lady” finally recovered its trademark.
The client in this case is the trademark holder of “First Lady”(No.4146966), which has been the brand since its establishment in 2007. Afterwards the enterprise set up several studios sequentially under this name as well as initiated large scale multichannel marketing, including radio stations, newspapers, subway, exhibitions and etc, meanwhile, it’s turning to A-list celebrities like Fan bingbing, one of the most recognizable Chinese face in Hollywood, to familiarize the public with its service. Eventually “First Lady” enjoyed a significant reputation in China, according to the consistent view of insiders, whose value was worth well over $20 million dollars.
However, on 17th, November 2011, a Guangdong company, namely the third party in this case, filed an application with the Trademark Office to cancel “First lady” amidst growing competition. Due to its lack of experience in an administrative review proceedings involving trademark cancellation, the studio failed to provide solid evidence for the sake of establishing a chain of evidence, TRAB rendered the decision on cancellation ultimately.
Under this condition, the anxious client asked Beijing DHH Law firm to advise on such legal issues. Senior Partner Hao Chen and Shanhong Ding were authorized to acquaint with the usage of “First Lady”. These two attorneys exerted optimal effort to collect favorable evidence. At trial, the collegial panel affirmed their consummate legal opinions supported with 33 pieces of principal evidence, describing aforementioned evidence as being “confirmed with each other, constituting a strong evidence chain, which could sufficiently prove the fact that during the period from 17th Nov 2008 to 16th Nov 2011 this studio in effect used the word ‘First Lady’ for the purpose of photography business. By identifying the source of services, such activities should be deemed as use of a trademark.” Drawing on their capabilities and expertise, Senior Partner Hao Chen and Shanhong Ding successfully protected the client’s legitimate interests, keeping its elaborate “First Lady” brand free of cancellation, and therefore won plenty of plaudits.
