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| Shanghai firm fined for infringing trademark of Starbucks |
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| www.chinaview.cn
2007-01-05 16:27:22
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SHANGHAI,
Jan. 5 (Xinhua) --A Shanghai coffee company has been fined 500,000 yuan (64,000
U.S. dollars) for infringing on the trademark of the United States-based
Starbucks coffeehouse chain.
The
Shanghai Municipal Higher People's Court also ordered the Shanghai Xingbake Cafe
to change its name and make a public apology to Starbucks in local newspaper,
the Xinmin Evening News.
In 2003,
the Starbucks Corporation and President Starbucks Coffee Company, a franchised
Starbucks operator in Shanghai, filed a lawsuit against the Shanghai Xingbake
Cafe and its subsidiary on the Nanjing Road, claiming Shanghai Xingbake had
violated the rule of fair competition and infringed upon the trademark of U.S.
Starbucks by using Xingbake and "starbuck" in its company name and business
activities.
Shanghai
Xingbake and its Nanjing Road branch also used a green logo similar to that of
Starbucks on its menus, cafe windows, receipts and business cards. It has a
picture of coffee cup in the circle, instead of a mermaid.
The court
ruled that Shanghai Xinbake, established in 2000, had competed illegally by
using the name Xingbake, the name Starbucks is using in China. The Chinese
character "Xing" means "star", and the characters "ba" and "ke" sound together
like "bucks".
The court
ruled that Shanghai Xingbake had intentionally used Xingbake in its name and
thus infringed the trademark of U.S. Starbucks.
Starbucks,
the world's biggest coffee chain operator, registered its trademark Starbucks,
Xingbake, the Chinese translation for Starbucks, and its logo, a green mermaid
in a circle, in 1996 and 1999.
Starbucks
had more than 200 outlets in 21 cities on the Chinese mainland by Oct. 1 last
year. It opened its first store in 1999.
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