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
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