HAICNEAL vs. HAINOZAL: Stopping a Copycat Shampoo Line, Forcing Destruction of Labels and Printing Equipment, and Blocking a Trademark Hijacking
[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 1.Snapshot of the Case KENFOX IP & Law Office acted for Kunming Dihon Pharmaceutical Co., Ltd. (China), owner of the HAICNEAL medicated shampoo brand (), and its exclusive Vietnamese distributor, Dong A Pharmaceutical Trading Co., Ltd., after a Vietnamese company (ASEM VINA JSC) began producing and commercializing a shampoo using packaging that closely imitated HAICNEAL’s trade dress while marketing it under “HAINOZAL” (). Because “HAICNEAL” and “HAINOZAL” are not confusingly similar as trademarks, and because HAICNEAL’s box/label had not been registered as an “industrial design” in Vietnam, a conventional “trademark infringement” theory was not strong. We shifted the focus of...
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