Foxconn’s Restaurant Chain? Trademark Hijacking and the Likelihood of Confusion 「鴻海燒鵝燒臘」

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It may be unlikely to cause confusion, but this Hong Kong restaurant, reportedly run by a Hong Kong couple, has used 「鴻海」(Hónghǎi ㄏㄨㄥˊ ㄏㄞˇ) , the first two characters of the Chinese name of Hon Hai Precision Instruments (known by its trading name Foxconn in China) in its name, 鴻海燒鵝燒臘 (Hong Hai Roast Goose Siu Laap). Hon Hai has a trademark, but has not filed for restaurants. Previously a cement company with the name Hong Hai also held a trademark for the same two characters, but it expired in 1981 and has not been renewed.

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Hon Hai Precision Instrument’s trademark

 

The restaurant was previously called 「香泰烤味」according to the review linked to above. So the decision to change the name was clearly a deliberate choice. However, it is doubtful that many Taiwanese customers would think that Hon Hai, which is one of the biggest original equipment manufacturers for Apple, has decided to branch out into reasonably priced Hong Kong-style restaurants. In an era where corporations have many different business units, however, it’s unclear as to whether this restaurant would benefit (of suffer) due to Hon Hai’s reputation.

The characters 「鴻海」 mean  ‘large ocean’.

 

Stealing power from the New Power Party – trademark battle

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New Power Party chair Huang Kuo-chang marching on Ketagalan Boulevard in protest against a meeting between former Taiwanese president Ma Ying-jeou and Xi Jin-ping; NPP legislator and rock star Freddy Lim can be holding the banner behind him; Licensed under Creative Commons by 蕭長展 – https://musou.tw/focuses/1040

An article in the Oriental Daily News drew my attention to something I thought was quite amusing – a man called Wang Chao-an (王朝安), who reportedly has no relation to the New Power Party has trademarked their party emblem for use on a whole range of products, including clothing, backpacks, stationary and jewelry products, such as earrings, necktie pins and key-rings. He applied for the registration in May of 2016.

The registration with the trademark office is as below:

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While the party emblem is a strikingly similar rendering of the character “力” meaning “power” or “strength”

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The party intend to make a request for the registration to be cancelled with the trademark office through their lawyer, according to the report.

Update: Tea Trademarks in Taiwan

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I recently posted about a trademark lawsuit in Taiwan, involving Uni-President Enterprises Corporation’s tea brand 「茶裏王」 and 「阿里王 Ali One」. I pointed out in the post the difference in the second characters of each brand name. However, I recently checked the trademark database in Taiwan and found that Uni-President has registered both 「茶裏王」 and 「茶里王」 as can be seen below:

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You’ll notice, amusingly enough, that the character 「裏」 doesn’t even show up on the Taiwan Intellectual Property Office trademark search website – and is displayed as just a blank box. The missing character is pictured in the image, however.

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This makes the judgement I previously mentioned a little more understandable, given that two out of the three characters are the same (even if they have different meanings). You’ll also notice that the product ranges to which the second trademark is applied is broader than the first.

Here’s the registration for 「阿里王」:

AliOne

Interestingly, the English translation for 「茶裏王」, “King of Teas”, doesn’t seem to be a registered trademark. So many companies and brands adopting similar English names is allowed, like the one at the head of this article (King Tea).

Tea Trademarks and Chinese Variants: King of Teas/Ali One Tea Dispute 茶裏王/阿里王商標大戰

13730546_10102616344538349_1668283995_oI thought that the recent trademark dispute between Taiwanese tea brands 「茶裏王」 (King of Tea) and 「阿里王 Ali One」 that resolved in favour of the former was interesting because two characters 「里」 and 「裏」 have been seen by the Taiwan Intellectual Property Court as the same character.

「茶裏王」 was launched in the early 2000s by Tainan-based international food conglomerate Uni-President Enterprises Corporation, while 「阿里王 Ali One」 was launched in 2014 by a woman called Huang Yi-zhen (黃逸蓁).

The name 「茶裏王」 translates to “King of Teas” because the 「裏」, a common variant of the character 「裡」, means “among” or “in”  – so it’s literal meaning is “among teas a king”. 「阿里王」 however, just uses 「里」 as a phonetic particle as part of 「阿里」which alludes to 「阿里山」 (Alishan National Scenic Area) – which itself is a transliteration of the Tsou (鄒) aboriginal name for the area “Jarissang”. In fact, although 「里」 means “in” in simplified Chinese, in which it is used in place of 「裡」 and 「裏」, in traditional Chinese, it is only used as a unit of measurement (approx 500m) and for an administrative unit under township (neighborhood/village). Each district in Taipei has an individual li, as shown in the street sign below:

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While the 「王」 in 「茶裏王」 means “King”, the 「王」 in 「阿里王 Ali One」 appears primarily to be a transliteration of the English word “one”, hence the product’s English name. A similar example is the 「旺」 in 「旺旺集團」, which is anglicized using the English word “want”, to give you the Want Want Holdings Group – the company at the center of the media monopoly protests in Taiwan and my former employer. However, there’s also a sense that the 「阿里王 Ali One」 trademark is also playing off the use of the word 「王」 as both a transliteration and for its literal meaning as “king”, i.e. King of Ali (referencing Alishan, an important tea-growing area in Taiwan). So the case for the third character is not as strong as that for the second, in my unqualified view.

Thus, the Intellectual Property Court finding as quoted by this report on the trademark case would seem to be incorrect:

智財法院認為,「茶裏王」、「阿里王Ali ONE」商標都是用於茶葉商品,第二個字皆有「里」字,第三個字皆為「王」字,對消費者而言近似程度高,加上「茶裏王」商標使用久、知名度高,因此應給「茶裏王」較大的保護,今判統一勝訴,智財局須撤銷「阿里王Ali ONE」商標註冊,全案仍可上訴。

The Intellectual Property Court found that the trademarks “茶裏王” (King of Tea) and “阿里王 Ali One” are both used to market tea products, and that the second character in each is “里” while the  third characters in each are both “王” (King), so they are very similar for consumers. In addition because the “茶裏王” trademark has been in use for a long time and is very well-known. because of this, “茶裏王” should have greater protection, so Uni-President Enterprises Corporation won the case today, and the Taiwan Intellectual Property Bureau rescinds the trademark granted for “阿里王Ali One”, although the case is still subject to appeal.

The 「茶裏王」 bottles have recently been featuring thought-for-the-day style “profundities” (note the use of speech marks) such as the one below, which I thought was particularly apt to go with this post:

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Photocopy machines are used to remind you

That if you only copy

You’ll stay in the corner forever

Have you done something innovative today?