On December 18, the online seminar titled “From Trademarks and Trade Dress to ‘Traffic Strategies’: New Trends in Unfair Competition Disputes and Corporate Responses”, hosted by LCOUNCIL, was successfully concluded. Attorney Wang Shan, Director of the Shanghai Office of Lusheng Law Firm and Co-head of the Dispute Resolution Practice, was invited to serve as the keynote speaker of this course.
Focusing on the evolving trend of intellectual property protection from traditional identifiers to traffic assets, Attorney Wang, in light of the latest judicial practice and typical cases, provided enterprises with response strategies and practical advice, and in particular shared the following key views:
1. Reshaping Competitive Logic: From “Identifier Contention” to “Traffic Game”
Attorney Wang pointed out that the core logic of commercial competition is undergoing a profound transformation. The “identity trilogy” composed of traditional trademarks, enterprise names, and trade dress remains the cornerstone of brand protection; meanwhile, traffic, as a new type of competitive asset that is quantifiable and monetizable, has become a key variable in breaking the traditional protection pattern.
With reference to typical cases in recent years, Attorney Wang elaborated on the evolution of judicial practice—from the “Certain Niu” trade name protection case, which clarified the source protection of enterprise names, to the “Certain Growth Chair” design protection case, which explained the value of trade dress, and further to the “Certain Branded Bag” mass imitation case, which filled the gap in cross-field protection.
In addition, infringing patterns are continuously upgrading. New types of traffic-related infringement methods, such as short-video traffic diversion, live-streaming room scenario imitation, and keyword traffic hijacking, are becoming increasingly common. Infringers often cross industry boundaries, their conduct is more concealed, and their impact is more extensive.
2. The Way to Break the Deadlock: Building a Full-Chain Protection System
In response to this commercial evolution from “identifier contention” to “traffic game,” Attorney Wang indicated that building a full-chain protection system is the key to breaking the deadlock, and shared three critical response directions:
- Consolidate the fundamental barrier by achieving full coverage of core trademarks and related classes, and convert distinctive trade dress into patents or “distinctive signs”;
- Leverage technological tools to conduct multi-dimensional monitoring and accurately capture infringing traces across platforms and industries;
- Make good use of a combination of legal measures by concurrently asserting trademark infringement and unfair competition, decisively applying punitive damages, and coordinating with platforms to cut off infringing traffic channels.
The forthcoming new Trademark Law and the revised Anti-Unfair Competition Law, which came into effect in October this year, also delineate competitive red lines for traffic assets. Under the new pattern where traffic equates to competitiveness, enterprises should clarify the logic of rights and conduct forward-looking planning, so as to safeguard their brands and long-term value in fierce market competition.
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