China is a signatory country to the Madrid Protocol on the international registr

Question

China is a signatory country to the Madrid Protocol on the international registration of trademarks. Starbucks opened its first cafe in China in 1999 and has added outlets in numerous locations including Shanghai and at the Great Wall and the imperial palace in Beijing. Xingbake Cafe Corp. Ltd. has imitated the designs of Starbuck's cafes in its business coffee cafe locations in Shanghai. Xing (pronounced "Shing") means star, and bake, or ubak kuh" is pronounced like "bucks." Does the Seattle, Washington, Starbucks Corporation have standing to bring suit in China against Xingbake Cafe Corp. Ltd? If so, on what theory? Decide.

Explanation / Answer

Yes, Starbucks corporation could bring suit in China against Xingbake Café Corp. Ltd supported by the Lanham Act. Lanham act grants a producer the exclusive rights to register a trademark and stop competitors from exploitation that mark. Since, Xingbake basically suggests that “Star-Bucks” in Chinese, this is often infringing on Starbucks’ trademark. Also, China may be a somebody country to the Spanish capital Protocol on the international registration of emblems. they need associate degree agreement to not infringe on these bound emblems and concepts

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