New Balance wins massive trademark case against Chinese brand New Barlun

Yes, there's a Chinese sportswear brand called New Barlun. Yes, it would be easy to confuse their logo and product design with the American sportswear brand New Balance. And yes, a court in China felt the same way, awarding a landmark trademark victory to New Balance in the sum of about US$3.85 million (RMB 25 million)  in damages.

The Shanghai Huangpu District Court ruled that defendants New Barlun (China) Co and Shanghai Shiyi Trade Co violated New Balance's trademark rights, as their shoes marked with a similar "N" logo were both "visually and conceptually" similar to the American brand. Additionally, the defendants had been acting in bad faith by not following a previous interim injunction to cease production, all while benefitting from the similarity and New Balance's reputation abroad.

In addition to the defendants, the court found Shanghai Lusha Fashion Co to be jointly liable for about US$15,000 (RMB 100,000)  for working as a distributor for New Barlun.

It's the second major ruling against New Barlun in a year, who were also found to have engaged in "unfair competition" by Shanghai Pudong District Court and subsequently fined about US$1.54 million (RMB 10.8 million).

The latest ruling has yet to take effect, as New Barlun still retains the right to appeal.

“It is very encouraging that the court has once again recognised the legitimacy of New Balance’s intellectual property rights which will help ensure that our brand is safeguarded and protect our consumers’ interests," says Dan Mckinnon, senior counsel, intellectual property and global brand protection for New Balance.