HONG KONG.- International auction house Sotheby’s won a key anti-counterfeiting case in China against Sichuan Su Fu Bi Auction Co., Ltd. The Beijing High People’s Court issued its final judgement on 7 August, 2008 that quashed the appeal by Sichuan Su Fu Bi Auction Co., Ltd., upholding the decision of the first instance court.

The Beijing High People’s Court accepted evidence that Sotheby’s was established in London in 1744, and that its Hong Kong office was established in 1974, followed by its Shanghai office in 1994. Noting the continuous and extensive use of its tradename and trademark through extensive exhibitions and otherwise, the court concluded “Sotheby’s (蘇富比)” has acquired an excellent reputation with the public in mainland China, and thus deserves to be recognised as an unregistered well-known trademark and also a well-known tradename; further, the use of “Su Fu Bi (苏富比) ” by Sichuan Su Fu Bi Auction Co., Ltd. constitutes trademark infringement and unfair competition.

According to the judgement, the infringing defendant must immediately cease using the trademark “Sotheby’s” or “苏富比” (Sotheby’s in Chinese characters) and similar marks, and the defendant has also been ordered to pay damages and to cease immediately all infringing activities.

The decision of the Beijng court represents a landmark victory for Sotheby’s fight against intellectual property infringement. Sotheby’s is committed to taking prompt legal action against any counterfeiter or infringer of its trademarks and tradename.