Well-known Trademark "Xiaomi" Gets Cross-Class Protection! 30 Million Yuan Compensated!
Xiaomi Group, adhering to the philosophy "Born for enthusiasts", has rapidly grown into a globally renowned tech company. Its "Xiaomi and Design" trademark enjoys extremely high popularity and commercial value.
Not long ago, the first-instance judgment in a "Xiaomi" trademark infringement case released by the Shanghai Intellectual Property Court drew attention.
Xiaomi Group found on multiple e-commerce platforms that several enterprises used the "Xiaomi Lingdu" and "M" graphic marks on their smart toilets and shower products, and also adopted "Xiaoai Xiaoai" as the voice wake-up command for the toilets.
As the owner of Trademark No. 8228211 "Xiaomi" and Trademark No. 8911270 "MI" graphic mark, Xiaomi Group filed a lawsuit with the Shanghai Intellectual Property Court against the infringing companies—Chaozhou Lingmi Intelligent Technology Co., Ltd. and Chaozhou Hongmi Lingdu Sanitary Ware Co., Ltd.—on grounds of infringing exclusive rights to registered trademarks, claiming 30 million yuan in compensation.
In response to Xiaomi’s lawsuit, the defendants argued:
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The "Xiaomi Lingdu" and "M" graphic marks they used are legally registered trademarks, constituting legitimate use and not infringing the plaintiff.
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The "Xiaoai Xiaoai" smart command cannot wake up Xiaomi devices, so it does not infringe the plaintiff.
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The accused products belong to Class 11 (sanitary equipment), which is not similar to the plaintiff’s registered trademark class (Class 9), thus no trademark infringement is constituted.
After hearing the case, the court held that since the registered trademark claimed by the plaintiff is approved for use on Class 9 products (e.g., mobile phones), while the infringing marks are used on Class 11 products (smart toilets, showers), and the two are neither identical nor similar, it is necessary to recognize the subject trademark as a well-known trademark.
Based on relevant evidence submitted by the plaintiff, the subject trademark, after being used and promoted by Xiaomi, has become widely known to the relevant Chinese public, qualifying as a well-known trademark for Class 9 products (e.g., mobile phones) and thus entitled to cross-class protection.
Regarding the defendants’ arguments, the court held:
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The accused marks are highly similar to the plaintiff’s well-known trademark, likely causing consumers to confuse the product source or mistakenly associate it with the plaintiff, thus constituting trademark infringement.
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Using "Xiaoai Xiaoai" as the toilet’s voice wake-up command is highly similar to the plaintiff’s "Xiaoai Tongxue" command, easily misleading the public into believing the product may have technical R&D, support, or authorized cooperation ties with Xiaomi. With obvious intent to free-ride on Xiaomi’s reputation, this constitutes unfair competition.
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Though the accused products and the plaintiff’s trademark-registered products belong to different and non-similar classes, the plaintiff’s mark, as a well-known trademark for Class 9 products (e.g., mobile phones), deserves cross-class protection.
In conclusion, the court found the defendants had obvious malicious intent and serious infringement, thus applying double punitive damages based on their infringement profits.
Investigations showed the defendants’ total sales on e-commerce platforms exceeded 93 million yuan. The court therefore ruled that the defendants immediately stop trademark infringement, publish a statement to eliminate adverse effects, and compensate the plaintiff 30 million yuan in total for economic losses and reasonable expenses.
