The judgment, handed down by Beijing High People's Court, found that a Chinese individual who had registered the Ben Fu trademark in 2009 had «failed to demonstrate
any genuine use of the trademark for wine or related business activities,» Treasury Wines said in a statement.
(vii)
Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated cos
Use any meta - tags, pay - per - click advertising, or any other «hidden text»
using our Site's name or marks, and you hereby stipulate that any
use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated cos
use of the Site's name or marks, or any other marks owned by Us is an infringement upon our
trademark rights, and you stipulate to make payment
of liquidated damages
of five thousand dollars ($ 5000) per such infringement as a
genuine pre-estimate
of the loss and damage that will be suffered by Us as a result
of such infringement, plus you agree to pay any and all fees incurred in the recovery
of this amount, including attorney's fees and all associated costs;
The
Trademark Office in this case stated that in order to raise a
genuine issue
of material fact as to its intent to
use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence
of an ability and willingness to
use the mark in the United States to identify [the goods in the application] at the time
of the filing
of the application.»