“非誠勿擾” (a.k.a “If You Are The One”), is the title of a romantic comedy premiered in China in 2008. Huayi Brothers Media Corporation is the movie producer and copyright owner of the fine art "". 

A Chinese surnamed Jin applied in 2009 and registered in 2010 the "" trademark, a slavish copycat of the fine art on matchmaking services in class 45.

Huayi Brothers sought to invalidate Jin’s registration but to no avail. The Beijing High Court dismissed the invalidation request simply because the trademark had been registered over 5 years.

Huayi Brothers initiated a civil action against Jin and his dating agency, citing prior fine art. On April 26, 2020, the Beijing IP Court upheld the first-instance decision in favor of Huayi Brothers, affirming copyright infringement and awarding damages and reasonable costs RMB 51,010.

The Beijing IP Court makes it clear that even if the litigious trademark has been registered over 5 years, copyright owner is still entitled to claim damages from the trademark squatter.

Contributed by: Wen Cui