Baker & McKenzie’s intellectual property team, led by Tan Loke-Khoon, recently advised the iconic US motorcycle manufacturer Harley-Davidson in a case in China involving the protection of the unregistered trademark “Ha Lei” (哈雷) (a Chinese transliteration of “Harley”). The case resulted in a victory for Harley-Davidson before the Beijing Higher People’s Court, which upheld the initial Intermediate People’s Court ruling that the motorcycle retailer Chrome Horse (汉马) and related parties committed trademark infringements and acts of unfair competition, including false advertisements under Article 9 of the PRC Anti-Unfair Competition Law.
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Chrome Horse had two shops in Chaoyang district, Beijing, which sold Harley Davidson motorcycles and accessories. One shop had a prominent sign over its entrance which said, in English, “For Harley Davidson Rider”.
Among other things, the Intermediate People’s Court had ordered the respective defendants to stop using “Ha Lei” as a company name and to cease all false advertising. The initial judgment had also ordered the defendants to pay damages of RMB 165,000 (US$24,000).
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