Japanese watch brand Casio has won a landmark lawsuit in a Chinese court, helping it protect its designs from copycats manufactured in China.
The High People’s Court of Guangdong Province ruled that the use of Casio’s distinctive GA-110 watch design by Guangzhou Teyuan Watch Industry Co., Ltd. and Shenzhen Tasgo Watch Co., Ltd. was an act of unfair competition that could confuse consumers.
The court ruled that the features of the GA-110 watch are distinctive, and non-functional and that the defendant’s use of an almost identical design was therefore an act of unfair competition that could confuse customers into believing it was a Casio watch.
Interestingly, Casio had previously held design patent rights for the watch, but they had reportedly expired. The use of the Anti-Unfair Competition Act sets an important precedent, highlight the avenues available to brands to protect their IP even when design patents have expired.
The defendants were ordered to pay Casio RMB 3 million ($414,000) in damages.





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