Friday, 23 April 2021 18:39

Chanel Loses EU Trademark Case Against Chinese Tech Giant Huawei

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This week, Chanel lost a trademark case in the European Union against Chinese technology company Huawei after nearly four years of battle. The dispute began in December 2017 when Chanel initiated an opposition proceeding with the EU Intellectual Property Office (EUIPO) to block the registration of Huawei’s logo (pictured below on the right) for computer hardware. Pointing to its world-famous interlocking “CC” logo, which is registered in Class 9, the luxury French fashion house argued that Huawei’s mark was confusingly similar. To see why, Chanel contended, just rotate Huawei’s mark by 90 degrees.

Nevertheless, Chanel met defeat before the EUIPO in 2019, appealed, faced dismissal at the Fourth Board of Appeal of the EUIPO, appealed again, and lost once more before the EU General Court. On April 21, 2021, the General Court held that the marks at issue “share certain characteristics” but are “visually different” at bottom, from “the more rounded shape of the curves” to the “greater thickness of the line of those curves” in Chanel’s mark as compared to Huawei’s. Ultimately, the marks were found to be different and the action was dismissed.

chanel

This case is Chanel SAS v. EUIPO, Case T-44/20. The General Court of the European Union’s April 21, 2021 judgement can be viewed here: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-04/cp210067en.pdf.­­­

Read 111 times Last modified on Friday, 23 April 2021 18:48
Kelly Malloy

 

Ms. Malloy earned her bachelor’s degree in Industrial and Systems Engineering at the University of Florida, and is currently a J.D. Candidate at the University of Miami School of Law concentrating on intellectual property.  At Miami Law, Ms. Malloy is on the University of Miami Law Review and serves as President of the Intellectual Property Law Society, President of the Inter-Club Council, and Executive Board Secretary of the Student Bar Association. During her first year at Miami Law, Ms. Malloy also served as a 1L Senator and was selected to join the Society of Bar and Gavel. As a result of her dedication to her coursework, Ms. Malloy is in the top 10% of her class, received the Dean’s Merit Scholarship, and was awarded the Dean’s Certificate of Achievement in her Patent Law course. Ms. Malloy is a law clerk at the firm and assists attorneys by drafting patent applications, performing legal research, and preparing for litigation.