OMG. Wahaha Won Round #1 of Hangzhou Arbitration

Tuesday, December 11, 2007 1:17

Danone says Wahaha trademark ruling illegal I just picked this up from the Shanghai Daily, and while I am not surprised….I am stunned.Like I said in a couple of posts before, it is clear that someone dropped the ball in getting this trademark transfered, and it is only now that they are fully realizing the consequences of letting this slide.

My question is that if Wahaha is able to successfully defend themselves in the appeal, what is the impact on all the other lawsuits?

My understanding is that Zong was not “allowed” to distribute without the consent of the JV, and thus Danone’s defense.

But, if the JV did not actually hold the trademarks, and the Hangzhou aribtration court says they do not have rights to it, then what impact does that have on the contracts and the power of the JV to enforce the contracts?

Is this new legal grounds in China?

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One Response to “OMG. Wahaha Won Round #1 of Hangzhou Arbitration”

  1. Jay Boyle says:

    December 11th, 2007 at 10:54 am

    I am not stunned.

    I am disappointed that Danone would be short sighted enough not to have stipulated in their JV contract that any arbitration take place in Singapore or some other country outside of China where they might get a fair hearing.

    Jay