Softworld Media Co. was complained in violation of Articles 20 and 24 of the Fair Trade Law
Chinese Taipei
Case:
Softworld Media Co. was complained in violation of Articles 20 and 24 of the Fair Trade Law
Key Words:
symbol (trade dress)
Reference:
Fair Trade Commission Decision of August 8, 2002 (the 561st Commissioners’ Meeting); Letter (91) Kung San Tzu No. 0910008387
Industry:
Computer System Design Services (7200)
Relevant Law:
Summary:
1. The letter of complaint from Soft-World International Corporation indicated that the mark “Soft-World” was created for use on the magazine published by its affiliated enterprise “Soft-World Magazine Publishing,” and that through use in trade the mark had acquired a distinctive symbolic meaning as well as having been registered as a trademark, the ownership of which was later transferred to the complainant. The complainant had also used the “Soft-World” mark on “cards, name cards, computers, floppy discs, optical discs, and program cartridges for game machines.” The fact that the magazine published by the complainant and its gaming software were well-received by consumers was alleged by the complainant to indicate that long-term use of the trademark had established it as a mark generally known to the relevant public.
2. With respect to the complainant’s allegation that “Soft-World” was a well-known mark, investigation showed that use of the “Soft-World” wording by the complainant on electronic game software always took place in conjunction with two other elements, its company name, “Soft-World International Corporation,” and its trademarked “computer game doll” design, or through the combination of its company name with the doll design, or through combination of the “Soft-World” wording with the doll design. The complainant had never used the “Soft-World” wording or mark independently on electronic-game products, so that the symbol the complainant claimed to be using to distinguish its products should in fact have been the various combinations in which the company name, the doll design, and the “Soft-World” wording were associated, or else the combined use of the company name with the doll design, and not the independent use of the “Soft-World” wording in labeling. Thus it was difficult to maintain that the independent use of “Soft-World” by the complainant would constitute a symbol for a source of products that would be generally recognized by the relevant industries and consumer groups.
3. It was also found that “Soft-World” was registered by the Softworld Media Co. (respondent) as the special portion of its company name in accordance with the Company Law, and that the name had been used in both web-based and real-world applications. Neither had the respondent in any way indicated on its website, through either text or graphics, that it was associated with the complainant, nor had it attempted to take advantage of the business reputation of the complainant. Therefore the Fair Trade Commission held that the violation of Article 20 or 24 of the Fair Trade Law as alleged by the complainant did not in fact exist.
Appendix:
Softworld Media Co.’s Uniform Invoice Number: 70366662
Summarized by Ho, Yin-Ju; Supervised by Yeh, Tine-Fu