Guide: it is permitted to choose the right base for right safeguarding and well-known trademark could obtain cross-class protection.
Case brief: Yakult, a brand of lactobacillus milk beverage, enjoys a high reputation in many countries including China, and has maintained a high market share in China's lactobacillus milk beverage market. Its trademarks "Yakult" and "益力多" are widely known by consumers. A sanitary ware company changed its name to "益多", and widely used "益多" and "Yakult" logos on bathroom products such as shower heads and faucets. Entrusted by Yakult, our firm filed a lawsuit after sending a C&D letter to the company but no result being achieved. The company argued that the sanitary products and beverage products were neither the same nor similar, and would not cause confusion and misidentification. We emphasized that confusion includes the confusion about relevance, and the damage to well-known trademarks also includes the dilution of distinctiveness and adverse effects that come along. The court of first instance ruled in favor of our claim, recognized the trademarks "Yakult" and "益力多" as well-known trademarks, ordered the defendant to stop infringement, and fully supported our compensation claim of RMB 1 million. Before the second instance the other party withdrew the appeal, and the first-instance judgment has officially come into effect.