A consumer case against the US company Kingston was rejected by Haidian district court recently. The consumer surnamed Li claimed he bought a USB flash memory product for 68 yuan. Li found that DataTraveler is not a registered trademark in China and also claimed its advertisement misleading. He sued Kingston and the retailer seeking a 68 yuan refund and another 68 yuan for compensation and a public apology.
The two defendants claimed that despite of the non-registration of the trademark in question in China, the trademark “DataTraveler” has been successfully registered in the US, thus the imported articles are eligible to be sold under the title of registered trademark. The two defendants also presented the relevant registration certificates to the court.
The court ruled Li’s evidence was insufficient to support his claim and rejected his claims.
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