Enterprises are accelerating their overseas expansion.

The enterprise’s foreign-language name is not part of its business registration.

If a competitor uses the same foreign-language name as yours

Also register similar website domain names.

Does it constitute infringement?

Let’s take a look at this case together with Peng Fajun.

Company A has been in existence for more than 30 years and is a Hong Kong Stock Exchange‑listed company with a strong reputation in the battery export industry. It has extensively used its English corporate name “AAA” in annual reports, international trade shows, and other contexts, and has filed applications to register the “AAA” trademark.

In early 2024, Company A discovered that Company B, which also engages in the international trade of batteries, uses “AAA” as both its English corporate name and the primary portion of its domain name, despite having been established after Company A.

Company A contends that Company B’s conduct infringes upon its exclusive rights in its registered trademark and its right to use its foreign-language corporate name, and has therefore brought suit before the court, seeking a judgment ordering Company B to cease the infringement and compensate for damages.

This case is a dispute involving infringement of trademark rights and unfair competition.

The court held that, although an enterprise’s foreign-language name is not a matter of record with the market entity registration authority, Company A has consistently used its Chinese corporate name “Jia” in conjunction with its foreign-language name “AAA” in contexts such as its listed company annual reports and international trade fairs. As a result, the foreign-language name has established a relatively stable association with Company A within the battery export‑trade industry and has accumulated a certain degree of influence in its foreign‑trade operations. Accordingly, the foreign-language name “AAA” may be deemed to constitute an enterprise name or trade name with a certain level of influence and is thus entitled to protection under the Anti-Unfair Competition Law of the People’s Republic of China.

Company B, as a competitor in the same industry, used the “AAA” mark as its foreign-language corporate name and other identifiers in its foreign trade operations, thereby constituting unfair competition. Meanwhile, Company A has also registered the “AAA” trademark; by registering this trademark as the principal portion of its domain name to promote similar goods, Company B has infringed upon Company A’s exclusive right to its registered trademark.

In summary, the court ruled, in accordance with the law, that Company B shall bear civil liabilities, including ceasing the infringing acts and compensating for losses. The judgment has now become final and binding.

Although an enterprise’s foreign-language name or trade name is not a matter of record with the market entity registration authority, it nonetheless serves as a crucial identifier for counterparties in the foreign‑trade sector to recognize and engage with the relevant business. When the rights holder consistently and extensively uses its foreign-language name or trade name in foreign‑trade activities, such identifiers have accumulated a certain degree of recognition overseas and established a relatively stable association with the rights holder, thereby functioning as a business name in comparable commercial contexts. Under these circumstances, protection may be afforded under the Anti-Unfair Competition Law.

This case is a landmark example of regulating the imitation of foreign‑language trademarks in the context of enterprises expanding overseas. When venturing abroad, companies typically rely on third‑party e‑commerce platforms to promote and sell their products; thus, instances of trademark imitation involving identical or similar foreign‑language marks originating from the same source can easily lead to confusion and misidentification regarding the true origin of the goods among trading counterparts. In this case, the Anti-Unfair Competition Law was applied with precision, recognizing the overseas goodwill accumulated through foreign trade operations as a basis for assessing the market recognition and distinctive character of a company’s foreign‑language name or trademark. This approach safeguarded the legitimate rights and interests of overseas‑expanding enterprises and upheld a fair competitive market order in the international arena.