Recently, Unitalen acted for Thermos (China) Housewares Co., Ltd. (hereinafter referred to as "Thermos" or "the Plaintiff")  in a trademark infringement and unfair competition dispute with a Tianjin company and others. The Beijing Intellectual Property Court issued a first-instance judgment recognizing that Thermos's Trademark No. 688940 ""  constituted a well-known trademark for goods of Vacuum bottles in Class 21 before April 12, 2017. The signs "膳魔師" and "SHANMOSHI" used by the defendant constituted trademark infringement, and the use of "膳魔師" in its corporate name constituted unfair competition. The court ordered the Defendant to cease the infringing acts and pay RMB  520,000 in damages. The judgment has now taken legal effect.

Case Brief

The Thermos brand was founded in Germany in 1904 and has evolved into the world's largest professional manufacturer of high-vacuum stainless steel household products, with products sold in over 140 countries and a substantial international market share, enjoying an extremely high reputation worldwide. In 1995, the Thermos brand officially entered the Chinese market. After nearly 30 years of development, its branches are spread across provinces and cities nationwide, and its products include vacuum stainless steel thermos cups, stewing pots, and other household kitchen insulation products. Its registered trademarks and Thermos company have repeatedly been honored with awards at the municipal, provincial, and national levels. Furthermore, the trademark in question has been recognized as a well-known trademark by competent administrative authorities and the People's Courts on several occasions.

The Defendant, X company in Tianjin, used the signs "膳魔師" and "SHANMOSHI" on goods such as "Pet food", and conducted promotion, marketing, and sales through e-commerce platforms, we-media platforms, and the like channels. Additionally, the X company in Tianjin registered "膳魔師" as its trade name. Regarding the Defendant's abovementioned acts of trademark infringement and unfair competition, Thermos filed a lawsuit with the Beijing Intellectual Property Court in September 2024.

Judgment Opinions

 I. The defendant registered and used the disputed mark in bad faith; as the owner of a well-known trademark, the plaintiff’s claim is not subject to the five-year limitation period.

 II. The defendant’s use of the signs “膳魔師” and “SHANMOSHI” on pet food would dilute the distinctiveness of the plaintiff’s well-known trademark and infringe its exclusive rights therein.

 III. The defendant’s use of “膳魔師” as part of its corporate name and in its business activities constitutes unfair competition.

Typical Significance

This case marks the first time the "" trademark has received cross-class protection, extending from goods of vacuum flasks in Class 21 to pet food in Class 31. Moreover, this case is another landmark victory where protection has overcome the five-year limitation against a bad-faith registered trademark. It establishes crucial judicial precedent for renowned brands to combat infringement under a "legitimate facade" and further demonstrates the judicial orientation of strengthened protection for renowned brands.