Assessing the scope of protection afforded to merchandising rights
Review of the recent case: DreamWorks Animation LLC v Trademark Review and Adjudication Board
This article was recently published in WTR Daily, part of World Trademark Review, who have agreed with Simmons & Simmons to it being made available on elexica.
Xing Zhong No 3858) (the Kung Fu Panda case), which involved the mark KUNG FU PANDA 功夫熊猫, is important in that it is illustrative of the differing views held by the China Trademark Office and the Trademark Review and Adjudication Board (TRAB) on the one hand, and those held by the Beijing Intellectual Property Court and the Beijing High Court on the other; and It provides guidance from the courts as to the scope of protection that should be afforded to merchandising rights to include not only goods and services that are typically associated with a movie but may also extend to potential derivative goods and services.
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