Cross-Border E-Commerce "Neurio" and "纽瑞优" Trademark Dispute Settled: Chongqing High Court Clarifies Boundary Between Infringement and Parallel Import
[China Intellectual Property News] In recent years, China's cross-border e-commerce transaction scale has grown rapidly, demonstrating strong market vitality and growth resilience. It has become a new driver of foreign trade development, a new channel for transformation and upgrading, and a new lever for high-quality growth. As products of many foreign brands enter the domestic market through cross-border e-commerce, trademark infringement disputes have occurred from time to time. Recently, the Chongqing Higher People's Court concluded a trademark dispute involving cross-border e-commerce, drawing widespread attention.
In this case, Chongqing Beigou Network Technology Co., Ltd. (hereinafter referred to as Beigou Company), without permission from Guangzhou Aotiwa Biotechnology Co., Ltd. (hereinafter referred to as Aotiwa Company), imported and sold lactoferrin modified milk powder products on e-commerce platforms using the "Neurio" and "纽瑞优" series trademarks registered in Australia and New Zealand by Sunnyia Pty Ltd. of Australia (hereinafter referred to as Sunnyia Company). The two parties disagreed on whether this use constituted legal parallel import or trademark infringement.
In response, the Chongqing Higher People's Court ruled that Beigou Company's conduct did not meet the constitutive requirements of parallel import, and thus infringed upon Aotiwa Company's exclusive rights to the "Neurio" and "纽瑞优" series trademarks. The court ordered Beigou Company to cease the infringing acts, destroy the infringing products in stock, and pay Aotiwa Company RMB 300,000 in economic losses and reasonable expenses.
Original link:
https://mp.weixin.qq.com/s/PIRXiA1sQkmMTmK_C1ADlA