Kelly Liu
Associate
Asia
Beijing
Kelly has been providing intellectual property services since 2008 with a particular focus on trade mark prosecution practice. Her expertise covers all aspects of trade mark pre-registration and post-registration matters as well as copyright, domain name and custom recordal related issues. Kelly also assists many clients in building trade mark portfolio management, enforcing trade mark rights as well as negotiating for trade mark assignment and co-existence agreements.
Kelly graduated from North China Electric and Power University with a Bachelor degree of English. She is pursuing her Master degree of Law at Renmin University of China.
Kelly joined the Beijing office of Marks & Clerk in April 2019. Prior to that, she was a trade mark attorney at the Beijing office of a Hong Kong law firm and a major Chinese IP firm.
Kelly is proficient in both Mandarin and English.
Languages
- 中文 (普通话) (Mandarin)
- English
Specialist in
Qualifications
BA
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Latest articles by Kelly Liu
Case Study: Counterfeiter of SIEMENS Ordered to Pay 100 Million Yuan in Damages
In a lawsuit filed by Siemens AG against Ningbo Qishuai Electrical Appliance Co., Ltd. and four others for trademark infringement and unfair competition involving the trademark "西门子" (Siemens in Chinese), the Supreme People's Court found the defendants guilty on both counts. The defendants refused to submit any financial data, but the Court imposed 100 million yuan (Approx. USD 13.8 million) in damages.
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Use of Hermes Theme Apartment amounts to trademark infringement and unfair competition
In Hermes International vs. Shandong Hugang Jianye Real Estate Development Co., Ltd. the Shandong High People’s Court upheld a first instance judgment and decided that Hugang Jianye’s use of the name "Hermes Theme Apartment", and its prominent use of the Hermes logo, constituted trademark infringement and unfair competition. The court awarded Hermes compensation of USD 274K.
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Case study: Copying discontinued products may still constitute unfair competition
The interesting aspect of the case is that products that have since exited the market may still be afforded protection if sufficiently distinctive and popular. This should not only encourage rights holders to be bolder in seeking appropriate remedies under the anti-unfair competition law, but hopefully would-be infringers.
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