(Conflict between trademark and copyright)

Introduction: copyright can become a powerful weapon to defeat trademark preemptive registration

Introduction: SOUND AROUND (US) has OEM manufacturing in China and exports the product to the United States. Their main trademark “Pyle pro and P & device” was preemptive registered by a Chinese company, Astone. Moreover, Astone recorded the trademark in the customs which resulted in SOUND AROUND (US)’s exported goods being held up. Besides, Astone also applied for customs detention of some of the goods. Our firm represented SOUND AROUND (US). On one hand, we submitted evidence to the customs to prove non-infringement; on the other hand, we applied cancellation for the registered trademark of Astone. We further sued to the court on the ground of copyright infringement based on the copyright of device P of Sound Around. Finally, Astone’s trademark has been cancelled, and the court held that Astone’s act constituted copyright infringement. We helped SOUND AROUND achieve full victory in the end.