Several Issues Relating to Trademark Infringement Determination: Comments on the Case of Dispute Arising from Trademark Infringement and Unfair Competition between Perfetti Van Melle Corporation and Xufuji Co., Ltd.

摘要

The Case in Brief The Perfetti Van Melle Corporation (the Perfetti Van Melle for short), an Italian company, registered three trademarks on sweets and candies in China respectively in January 1999, February 2002, and April 2002. The Perfetti Van Melle Sweets and Candies (China) Co., Ltd. (the Perfetti Van Melle (China) for short) is a sub-company set up with the Perfetti Van Melle's investment in 1994 in Shanghai, and is licensed to exclusively use the mother company's trade dress of the "阿尔卑斯(pronounced...