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Publisher wins in trademark battle over '100,000 Whys'

ensipa.cn| Updated: February 2, 2024 L M S

The Shanghai Juvenile & Children's Publishing House has emerged victorious in a trademark dispute with Sichuan Tiandi Press over the "One Hundred Thousand Whys" trademark.

The plaintiff accused Tiandi Press of infringing on its trademark by using "One Hundred Thousand Whys" in a book's title and product images.

For its part, Tiandi Press argued that the disputed trademark was descriptive, not for trademark use and did not confuse the public.

The court found that "One Hundred Thousand Whys" was a well-known product-specific name before its registration as a trademark. The court ordered Tiandi Press to cease infringing on the registered trademark rights of Shanghai Juvenile & Children's Publishing House and to stop false advertising.

Tiandi Press was also ordered to pay the plaintiff 500,000 yuan ($69,793) in economic losses and 100,000 yuan in reasonable expenses.

The case is viewed as being a reminder to companies of the importance of protecting trademarks and selecting product names carefully.

Moreover, the verdict is said to highlight the legal consequences of using well-known product names without authorization, especially after registration as trademarks.

The ruling is also said to serve as a warning to companies to conduct thorough research before choosing product names to avoid infringing on the rights of others.