The IPC Court Awarded Damages Based on Reasonable Royalty Rate After Finding Infringement of Design Patent

On July 27, 2026, Taiwan’s IP and Commercial Court (“IPC Court”) ruled in the favor of Crown MFG Corp. (“Crown”), finding that Chia Li Chia Co. Ltd. and Wu Yen Co. Ltd. (Collectively as “Defendants”) should be jointly liable for infringing TW design patent D150543 (“‘543 patent”), and awarded NT$ 500,000 as compensatory damages. (Case No. 115-Min-Zhuan-Su-Zi No.19)

The asserted ‘543 patent, titled “Beverage Container”, is co-owned by Crown and Thermos, and claimed a priority date of August 30, 2011. Crown alleged that Defendants’ thermos bottle products infringed the ‘543 patent. The Defendants did not dispute that the accused products fell into the patented scope, but contended that the ‘543 patent should be invalid over the prior arts.

The IPC Court found the ‘543 patent valid over the alleged prior art references. More specifically:

1. The ‘543 patent comprises a cylindrical main body and a cap assembly. Notable aesthetic features include: (1) a distinct outward protruding annular flange near the bottom edge (i.e., “底座外凸緣”); (2) an inward constriction near the upper outer periphery where the cap bottom edge and bottle top edge jointly taper to form an integrated constricted neck profile (i.e., “瓶蓋與瓶身共同形成內縮頸部”); and (3) a cap assembly secured by a clasp composed of multiple stacked semicircular ring bodies paired with a distinctive figure-8 shaped push button (i.e., “半圓形環體扣合部與8字形按鈕”) (see below).

2. Under this interpretation, the IPC Court found none of the prior art references, including US D596,460, US D455,611, and JP D369,082, disclose the above features. The shapes of the cap and the bottle, the structure of the bottom of the bottle, and shape of the clasp were all substantially different from the ‘543 patent (See below).

3. To the contrary, the IPC Court found the accused product embodies all the identified ‘543 features (See below). Both are beverage container / vacuum insulated bottle products. The infringing product also features an outward protruding annular flange adjacent to the bottom edge, a clasp constructed of stacked semicircular ring bodies paired with a distinctive figure-8 shaped push button, and neck constriction structure, where the bottom peripheral edge of the cap and the top peripheral edge of the bottle body jointly taper inward to create an integrated constricted neck profile. Thus, the IPC Court held that under overall observation, the accused product produces a confusingly similar visual impression to the ordinary consumer.

4. On damages, the IPC Court calculated Crown’s compensation by using Crown’s royalty rate as benchmark (15% of unit price). Given that Defendants' customs and sales logs proved importation of 5,600 units and inventory of 1,764 units, demonstrating net sales of 3,836 units, the total reasonable royalties equaled NT$1,122,030 (3,836 units × NT$292.5). Because Crown only claimed NT$500,000, the IPC Court awarded the full amount claimed.

5. Additionally, the IPC Court also issued permanent injunction, ordering the Defendants to destroy all remaining inventory of the infringing "OMORY" bottles (1,764 units), and permanently enjoin from manufacturing, offering for sale, selling, using, or importing infringing beverage containers.

Source: https://judgment.judicial.gov.tw/FJUD/data.aspx?ty=JD&id=IPCV,115%2c%e6%b0%91%e5%b0%88%e8%a8%b4%2c19%2c20260727%2c2 

Fashion Brand Chrome Hearts LLC Prevailed in Trademark Action Against Bonny & Read

On September 7, 2026, Taiwan’s IP and Commercial Court (“IPC Court”) ruled in the favor of U.S. fashion brand Chrome Hearts LLC (“CH”), finding that its iconic cross designs were infringed by earrings and pendants sold by Bonny & Read Co. Ltd. (“BR”), and that BR should be subject to injunction and monetary damages. 

According to CH, BR’s earrings products are confusingly similar to its registered trademarks (Reg. No. 01571491, 01605376, and 01441526, see below), which have also been considered famous by Taiwan’s IP Office and IPC Court in other prior cases. 

BR argued that its earring products feature the flower petals in different style. Unlike CH’s registered trademarks, the tip of BR’s petal does not curve inwardly toward its circular center. Besides, CH’s designs of the cross and stylized characters were based on elements of Medieval Gothic, which should be quite common and of low distinctiveness. In sum, ordinary consumers would not confuse BR’s accused products with CH’s asserted trademarks (See below). 

The IPC Court sided with CH, determining that:

1. While BR tried to attack the distinctiveness of CH’s asserted trademarks, after reviewing the records, the IPC Court found the CH’s trademarks do demonstrate sufficient features that are distinct from commonly seen Gothic elements, and affirmed their distinctiveness. 

2. On similarity, the IPC Court considered a significant portion of BR’s accused products highly similar to CH’s trademarks. For example, both feature a circular design in the center with four 3-petal arms curling outwardly. Similarly, the stylized Gothic characters used by BR also resembles CH’s trademarks, both embody Medieval style with minor differences in the thickness of the letters and the number of “2011”. Except for product no. 6-2 and no. 7 (see below), which showed 2-petal design with different curling style, all other BR’s products are similar to CH’s asserted trademarks. 

3. On the designated products, CH’s trademarks are registered for use in jewelry, purses, apparel, and accessories, which are highly related to the function and purposes of the products sold by BR.

4. Based on evidence of marketing materials and sales records, the IPC Court agreed that through its extensive use, CH has established strong brand recognition for its asserted trademarks. On the other hand, BR’s evidence failed to prove that its products are highly recognizable in the relevant market. Hence, consumers are more familiar with CH’s trademarks, which shall be awarded with greater protection. 

5. In sum, the IPC Court ruled that BR's patterns are highly similar in overall visual composition to CH's registered trademarks, since both feature nearly identical four-directional three-petal florets, proportional cross extensions, or distinctive Gothic fonts. Plus, both parties supply similar accessories and jewelry, and CH has established strong brand image. The IPC Court therefore determined that there is a significant likelihood of confusion, ordered destruction of the infringing inventory and marketing materials, and awarded NT$ 1,500,000 in joint and several monetary damages plus 5% statutory interest.

Source: 115-Ming-Shang-Su-Zi No. 8 (IPC Court, 2026.9.7) https://judgment.judicial.gov.tw/FJUD/data.aspx?ty=JD&id=IPCV,115%2c%e6%b0%91%e5%95%86%e8%a8%b4%2c8%2c20260907%2c1

Staceypants Inc. Secured A Partial Win in Invalidation Against A Trademark Featuring A Lady's Face

On August 31, 2026, Taiwan’s IP Office (“TIPO”) ruled in favor of Staceypants Inc. (“Staceypants”), partially invalidating a contested trademark after finding a likelihood of confusion with Staceypants’ iconic brand (Reg. Nos. 02012562 and 02012563, see below).

The contested trademark, Reg. No. 02343533 (see below), was filed jointly by F a Design Co. Ltd. and Happyface Co. Ltd. on April 14, 2023, and registered on December 16, 2023. The mark covered goods in Class 18, including wallets, leather bags, purses, backpacks, handbag, pet clothing, umbrellas, walking sticks, suitcases, etc. Staceypants filed invalidation action on December 13, 2024, alleging that registration of the contested trademark violated Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO awarded a partial win in favor of Staceypants based on Article 30.1.10 of Trademark Act:

1.      As a procedural matter, Staceypants initiated an invalidation action rather than an opposition within the 3-month opposition window. According to Article 57.2 of Trademark Act, Staceypants was required to further submit evidence of actual use of its cited trademarks during the 3 years prior to the filing of its invalidation request. In this respect, TIPO found Staceypants’ evidence sufficient to prove its actual use in apparel, handbags, footwear, and backpacks, but insufficient for goods such as umbrellas and walking sticks. Accordingly, TIPO’s analysis would be limited to the scope of goods supported by Staceypants’ proof of use.

2.      On similarity of trademark, TIPO noted that both trademarks prominently feature a lady’s face, with hair tied in a bun, sunglasses, and dark and prominent lips. Although there are differences in face contour and the bangs, TIPO considered these insufficient to make the contested trademark distinct from Staceypants’ icon. The degree of visual similarity is considered to be moderate.

3.      On the designated goods, TIPO observed that Staceypants genuinely used the cited trademarks in product category covered by the contested trademark, such as apparel, clothing, and handbags. Conversely, products such as umbrellas and walking sticks serve distinct functions and purposes, and TIPO considered them less related to fashion bags and apparel.

4.      TIPO recognized that Staceypants’ trademarks are distinctive, and Taiwan’s consumers are more familiar with Staceypants’ trademarks in fashion and bags. Nonetheless, due to defects in some of its submitted evidence, including the missing dates of use, and incomplete quantitative sales and marketing metrics, TIPO considered that Staceypants failed to meet the legal threshold for proving well-known status of its trademarks.

In light of the above, given the intermediate degree of visual similarity, the partial overlap in the designated products, and the established consumer familiarity, TIPO determined that consumer confusion is likely regarding wallets, apparel, backpacks, and suitcases. The contested trademark was cancelled for those overlapping categories. As to other unrelated products where no proof of actual use or well-known reputation was established, such as umbrellas and walking sticks, the registration remains valid.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOkAcgdovvMrI5ZHEyraxSCy%2FXTht9u

Taiwan Court Ruled Use of GenAI Does Not Necessarily Render An Appeal Meritless

On September 16, 2026, Taiwan Supreme Court held that the use of generative AI to prepare an appellate brief does not, by itself, make the appeal meritless or procedurally defective. GenAI is merely one method of producing a document. Once an appellant signs or seals and files the brief, the appellant adopts its contents and bears the resulting procedural consequences.

The appellant/defendant was convicted by the Tainan District Court of aggravated fraud, together with money laundering, and sentenced to one year and two months. He appealed only the sentence, arguing for leniency. The Tainan Branch of the Taiwan High Court affirmed the sentence, after which the defendant filed a third-instance appeal that the Supreme Court considered likely prepared, in whole or in part, with GenAI assistance.

The Supreme Court emphasized that:

1. The decisive question was not how the brief was written, but whether it identified a legally valid ground for vacating the lower-court judgment. Under Article 377 of Taiwan’s Code of Criminal Procedure, a third-instance appeal must specifically identify how the lower court committed legal error. 

2. Although the defendant’s brief cited numerous legal principles, such as proportionality, individualized sentencing, sentencing fairness, and inadequate reasoning, none of them could sufficiently prove a concrete legal error in the High Court’s judgment. It instead merely repeated disagreements with the lower courts’ assessment of the evidence and sentencing factors.

3. Accordingly, the appeal was dismissed for failure to satisfy the statutory requirements for a third-instance appeal, not because GenAI was used. The Court further clarified that it has no obligation to correct AI hallucinations, supply missing record support, or reconstruct an otherwise deficient appellate argument.

Source: 115 Tai-Shang-Zi No. 3896 (2026.9.16) https://judgment.judicial.gov.tw/FJUD/data.aspx?ty=JD&id=TPSM,115%2c%e5%8f%b0%e4%b8%8a%2c3896%2c20260916%2c1  

Taiwan’s IP Office Cancelled “M” Logo in View of Confusion with Netflix’s Iconic “N”

 On August 27, 2026, Taiwan’s IP Office (“TIPO”) cancelled the contested trademark “M” based on a likelihood of confusion with Netflix’s iconic “N” trademark (Reg. No. 01845240, 01845375, 01846939, and 02480554, see below).

The contested trademark, “M” (Reg. No. 02496095, see below), was filed by Meow Media (“Meow”) on February 11, 2025, and registered on November 16, 2025. The mark covered services in Class 41, including entertainment services, video production, distribution of video recordings, screenplay writing, script adaptation, online video viewing services, providing non-downloadable video, etc. Netflix filed opposition on February 23, 2026, alleging that the registration of the contested trademark violated Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO ruled in Netflix’s favor on August 27, 2026 under Article 30.1.10 of Trademark Act.

1.      Article 30.1.10 of Trademark Act provides that a mark shall not be registered if such a mark is identical or similar to other’s registered trademark, to be used in identical or similar services or goods, and hence may cause confusion among the relevant public.

2.      On similarity, TIPO observed that the contested “M” logo incorporated a folded-ribbon design, gradient coloring, and a three-dimensional visual effect, anchored by a curved base across the letter. Similarly, Netflix’s trademark features a red, three-dimensional and folded-ribbon letter. Given these similar artistic elements and comparable phonetic rhythms, TIPO found Meow’s “M” visually and phonetically similar to Netflix’s “N”.

3.      The services designated by Meow’s trademark, such as the entertainment service, distribution of video recordings, and video productions, overlapped with those covered by Netflix’s trademark. Both relate to digital media entertainment, content production, and audiovisual streaming services.

4.      TIPO further noted that Netflix has been the leading OTT streaming platform in Taiwan since 2022, and its market share has kept growing due to its continuous and successful collaborations with Taiwan’s movie industry, TAICCA, and extensive marketing in both online and offline channels. TIPO therefore determined that consumers are more familiar with Netflix’s “N”, entitling the senior mark to broader legal protection.

In view of the above, given the visual and phonetic similarity between the trademarks, the overlap of the designated services, and Netflix’s strong brand recognition, TIPO concluded that the registration of the contested trademark may cause confusion with Netflix’s logo. Accordingly, Meow’s “M” was cancelled.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOkAcsSrPuDX5VltqCiCzmz2r71LgjF

How To Determine the Aesthetic Features of A Design Patent? The Insight from Taiwan Court’s Decision On The “Sofa” Design Patent

On August 27, 2026, Taiwan’s Intellectual Property and Commercial Court (“IPC Court”) dismissed Ji-Lin Industrial Co. Ltd.’s (Plaintiff) patent infringement clam over its design patent “Sofa” (TW No. D229111, hereafter the ‘111 patent, see below).

The Defendant, Tai Yun Xing Sofa Enterprise Co. Ltd. (“Tai Yun Xing”), was accused of infringing the ‘111 patent by manufacturing and selling its “Amazon LY7606/5759 1-Person Sofa” (Hereafter the “accused product”, see below).

The IPC Court  firstly construed the scope of the ‘111 patent, including the overall aesthetic appearance of the sofa shown in the patent drawings. The design features a multi-component sofa assembly comprising a base support, legs, backplate, seat cushion, backrest cushion, headrest, and integrated armrests.

To determine if the asserted design is infringed by the accused product, the IPC Court elaborated that it would take the 2-step test: first, determining if the accused product is a product that is identical or similar to the ‘111 patent; second, if the accused product falls within the scope of the ‘111 patent. The first step looks into whether the accused product bears the same or similar function or purpose. The analysis of the second step is based on the standard of "Overall Observation and Comprehensive Judgment" from the perspective of an ordinary consumer. More specifically, the IPC Court will evaluate whether the commonalities and differences in design features, weighted by their visual prominence during normal purchase and use, create a confusingly similar overall visual impression.

For step 1, the IPC Court found the accused product was a sofa bearing the same function and purpose of use as the ‘111 patent. 

For step 2, the IPC Court identified the ‘111 patent’s notable visual features as follows: (1) armrest cushions extending integrally from the outer top edge of the armrests and folding inward with fan-blade shaped terminating ends; (2) a headrest narrowed/retracted in width relative to the chair back to produce a layered, tiered silhouette; (3) a headrest cloth extending downward from the top edge to drape over the front of the backrest; and (4) cylindrical support legs.

Based on the identified visual features, the IPC Court then assessed infringement via the framework of "Overall Observation and Comprehensive Judgment" from the viewpoint of an ordinary consumer. Upon further analysis, the IPC Court found that while the accused product also possessed the features of sofa’s main body and curved inclined trapezoidal backplate, the contour of its armrest cushion end, the width and tiering of its headrest, the coverage of its headrest cloth draping, and the shape of its backrest and support legs created substantial visual differences. 

Although the Plaintiff argued that the headrest cloth draping is located in an easily obscured area and should carry minimal weight, the IPC Court disagreed, holding that headrests are prominent focal points during purchase, and the front-and-rear draping remains clearly discernible from side and top views. The Plaintiff further argued that both sofas share armrest cushion folding and a two-tier segmented backrest, the IPC Court held that the armrest cushion ends exhibit distinct geometries (fan-blade vs. curved arc), and the perceived two-tier backrest in the accused product results naturally from a differently structured cloth drape, insufficient to establish visual similarity. The Plaintiff attempted to rely on the Three-Way Comparison Test against prior art to establish similarity. The IPC Court held that the three-way test is merely an auxiliary method. When an overall observation demonstrates that the accused product and the patented design are clearly dissimilar, non-infringement may be ruled directly without prior art triangulation (citing Supreme Court Ruling 111-Tai-Shang No. 1589).

In view of the above, the Plaintiff’s infringement claim based on ‘111 patent was rejected accordingly.

Source: 115-Ming-Zhuan-Su-Zi No.30 (IPC Court), at: https://judgment.judicial.gov.tw/FJUD/data.aspx?ty=JD&id=IPCV,115%2c%e6%b0%91%e5%b0%88%e8%a8%b4%2c30%2c20260827%2c2

PUMA SE Prevailed In Opposition Against the “FEISHOU & FEISHOU (stylized)” Trademark

On August 21, 2026, sports brand PUMA successfully challenged the registration for “FEISHOU & FEISHOU (stylized)” trademark. Taiwan’s IP Office (“TIPO”) cancelled the contested trademark after finding a likelihood of confusion with PUMA’s well-known “PUMA” logos (Reg. No. 00143672, 00131605, and 00088124, see below).

The contested trademark, “FEISHOU & FEISHOU (stylized)” (Reg. No.02464398, see below), was filed on December 30, 2024, and registered on July 1, 2025. The mark covered products in Class 12, including electric aircraft, remote-controlled vehicles, civilian drones, unmanned delivery aircraft, aerial photography drones, etc. PUMA filed opposition on September 26, 2025, alleging that the registration of the contested trademark violated Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

TIPO ruled in PUMA’s favor based on Article 30.1.11:

1.        Article 30.1.11 of Trademark Act provides that a mark shall not be registered if such a mark is identical or similar to another’s well-known trademark, and hence may cause confusion in the relevant public, or may harm the reputation or dilute the distinctiveness of such well-known mark.

2.        TIPO affirmed PUMA’s iconic silhouette logo is well-known in Taiwan for footwear, apparel, and the relevant sports accessories. PUMA’s voluminous supporting records, including worldwide registrations of trademarks dating back to 1958, high-profile celebrity endorsements, and motorsport partnerships with Ferrari F1 (2004), BMW Motorsport(2012), and Porsche Motorsport (2019), alongside campaigns such as Jay Z’s “PUMA Jet”, sufficiently proved its strong brand recognition in Taiwan.

3.        On similarity, the contested trademark combines textual element “FEISHOU”, and a stylized graphic arrangement resembling a winged beast. PUMA’s well-known trademark, similarly, features the side silhouette of a leaping puma. TIPO observed that both trademarks feature the side silhouette of a beast leaping toward the left, positioned above textual elements. Therefore, the two trademarks share substantial visual and conceptual similarity.

4.        On the strength of the trademark, TIPO found that PUMA’s decades of extensive and diversified commercial use granted its mark a high degree of distinctiveness and broader exclusivity. In contrast, there was no evidence supporting the commercial use of the contested trademark.

5.        Although the contested trademark covered aerial vehicles in Class 12, TIPO considered that PUMA’s long-standing promotional presence in motorsports, private aviation, and luxury performance vehicles, make it likely that relevant consumers would associate specialized mobility products with PUMA’s strong and diversified brand universe.

Given the well-known status of the PUMA logos, the similarity between the two trademarks, the relatedness established through PUMA’s mobility partnerships, and consumers’ strong brand recognition, TIPO concluded that registration of the contested trademark may cause confusion with PUMA’s well-known icon. The contested trademark was cancelled accordingly.   

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOnCcYVpPsINtt3nqGJ9rDnB9movl1O