Chinese Company’s Registration and Use of “Brother” Business Name Ruled Unfair

Brother Industries, Ltd; Brother (China) Commerce Co, Ltd v. Japan Brother International Industries Limited; Shenzhen Da Di Li Industry Co, Ltd

The Shanghai Higher People’s court has affirmed a lower court’s decision that the registration and use by a Chinese company of a business name incorporating a Japanese company’s earlier registered business name amounted to unfair competition.

Background

Brother Industries Ltd (“Brother”), the Japanese multinational electronics and equipment manufacturing company, was established on January 15, 1934, and engaged in the manufacturing and sales of sewing machines, parts and machine tools. It established its wholly foreign-owned enterprise in China, Brother (China) ...