Known as the "presidents’ jogging shoes", the world No.2 sport shoes manufacturer, American company New Balance thought one Chinese shoes factory maliciously registered its trademark NIUBALUN ,and misled the public. Then New Balance asked China Trademark Review and Adjudication Board to ban it, after refused, it litigated to the court.
In the first instance Beijing First Middle People’s Court dismissed its request.After hearing, the court thought it was unable to prove the "new balance " trademark was a famous trademark before " NIUBALUN "and " N "graphics trademark applied for registration from the present evidences. And it also could prove "纽å´ä¼¦"was "new balance" Chinese translation. Its "N", "NB"and "NEW BALANCE trademarks were quite different from " NIUBALUN "and " N "graphics in pronunciation, content and overall appearance, they were not the similar trademarks . Therefore the court dismissed New Balance’s request.