DU Binbin and Paul Ranjard, first published by WTR

Michelin tyres and the Michelin Guides are the two core product lines of the Michelin Group. The increasing popularity of Michelin in China recently led the company to take enforcement measures not only against tyre manufacturers or restaurants and catering businesses, but also against pet-related products and services.

Pet food case

In 2020 Michelin discovered that several types of cat and dog food product were sold with packaging bearing signs such as MICHELIN, MICHELIN SERIES, MICHELIN PAROTID GLAND, 米其林 (the Chinese equivalent of MICHELIN), 米其林法餐系列 (‘MICHELIN French cuisine series’) and 米其林法餐T系列 (‘MICHELIN French cuisine T series’).

After investigation, it was found that three companies were involved: Shanghai Tang Shi Mei Jia International Trading Co Ltd, Shandong Han Ou Biotechnology Co Ltd and Hangzhou Chong Mei Trading Co Ltd.

In December 2021 Michelin sued the three companies before the Hangzhou Intermediate People's Court, requesting cross-class protection for its well-known trademarks 米其林 (MICHELIN in Chinese) and MICHELIN, registered in Classes 12 (tyres) and 16 (Michelin Guides).

In December 2022 the court issued a judgment ((2021) Zhe 01 Min Chu No 3020) determining that the trademarks MICHELIN and 米其林 registered in Class 16 are well known and that the defendants had infringed such trademarks. The court ordered the defendants to pay an aggregate amount of Rmb500,000 to compensate Michelin for its economic losses, splitting the liabilities among the defendants according to their respective activities in terms of production and sales.

In the judgment, the court determined that, although the infringers were using their own trademarks on the infringing products, the presence on pet food of Michelin’s trademarks, which are famous in relation to the rating of high-end restaurants, was likely to harm the reputation of Michelin’s trademarks. The court thus ordered the defendants to make a public announcement in that respect.

The above judgment is final.

Pet hospital case

In 2021 Michelin discovered that a company called Jiu Chong Pet Hospital was using the words ‘米其林宠医’ (‘Michelin Pet Hospital’) on its signboard and interior decoration, as well as in its online store.