Recently, Lawyer Zhang Hong and lawyer Li Shuhua of Beijing Janlea Law Firm represented the Coca-Cola Co., Ltd. in the “Qoo and picture” trademark opposition administrative litigation and won in the first-instance trial.

The third party Zhang Yinghua applied for and registered the opposed trademark “Qoo and picture” on brewery products. Coca-Cola cited the evidence of its registration of “Qoo” and “Qoo Figure” trademarks on water (drink) and juice products and hence proposed opposition.

This series of cases were to be trialed by Beijing No.1 Intermediate People’s Court. The court gave the first-instance ruling that, with Coca-Cola’s contention of “Qoo Figure”’s originality, duplicability, and classification as a piece of work under the Copyright Law, according to the Copyright Registration Certificate, the company indeed enjoyed the copyright to the “Qoo Figure” involved in this case. Although the pictorial part of the opposed trademark partially differ with the work involved in this case, the forms of expression of the two are similar and there was indeed a resemblance. The registration infringed Coca-Cola’s prior copyright and thus the court repealed the adjudication of the Trademark Review and Adjudication Board.

This is the first winning case of the Coca-Cola “Qoo Figure” copyright cases, which are represented by our company.