Michael Bastian Wins Landmark Trademark Decision In China

With insufficient evidence of prior use, Michael Bastian, a luxury American menswear designer, prevailed in a trademark dispute against a trademark hijacker who trademarks his name. The Chinese Trademark Review and Adjudication Board in Beijing overturned a prior decision and now Bastian will be able to use his name and intellectual property to develop and expand his brand in China.


Bastian a victim of trademark squatting - trademark hijacking -is the first foreign individual or entity to do so under the Principle of Honest and Good Faith.


The name “Michael Bastian” and its transliteration had been trademarked by a trademark hijacker in 2007, but the Chinese Trademark Review and Adjudication Board (TRAB) in Beijing reversed the State Intellectual Property Office’s decision that granted the mark to the defendant.


The defendant was found to be a trademark hijacker that had filed many applications for others’ names or for similar versions and the behavior amounted to an abuse of honest and good faith, and violated the trademark registration, use and administration process under Article 44(i) of China’s Trademark Law.


The TRAB reached the decision even though there was little evidence that Michael Bastian’s use of the trademark or publicity in China prior to the date of filing by the defendant, but Michael Bastian’s case is the first time that these principles have been applied to foreign individuals.


Bastian commented on the decision saying, “This is a huge decision that provides a sense of confidence for foreign celebrities entering the Chinese market. Specifically, it allows me to freely use my name and IP to build out my brand in China. The fashion conscious public in China will now know that Michael Bastian apparel and accessories offered through my channels are the real thing,” said Michael Bastian. “I hope this sets precedent and makes it easier for other fashion designers and members of the creative community to regain and protect their IP in China.”