Taiwan National University sued local cram school for use of “台大” mark

　Taiwan’s most prestigious university, National Taiwan University (hereinafter referred to as “NTU”) has filed a lawsuit against a local private education institute, Taida Education Institute (hereinafter referred to as the “education institute”) for the education institute’s infringement upon NTU’s registered trademarks, including the two Chinese character mark, “台大”, the “台大TAIDA” mark, and the “TAIDA” mark in English by using the two Chinese characters, “台大” as its name and for use on signboards for many years.  NTU has filed the lawsuit with the Taiwan IPC Court to seek compensation from the education institute.  The IPC Court ruled against the education institute in the first instance proceedings.  

　NTU pointed out that it has begun to register its trademarks since 1983, which include its school badge, the two Chinese character marks, “台大” and “臺大”, and the “TAIDA” mark in English, “台大TAIDA”, and the full name of NTU in Mandarin, “國立臺灣大學” (reading “guo li tai wan da xue” in Mandarin), and Taiwan IPO has recognized these registered trademarks as well-known ones in Taiwan.  To stop the education institute’s use of the “台大” mark, NTU issued C&D letters to the education institute and Ming Ming Education Inc. on March 30, 2020 and June 2, 2020 to request for cease in using the “台大” mark.  However, the two institutes ignored NTU’s request and continued their use, which ultimately caused NTU to file a trademark infringement lawsuit.  

　The education institute explained that its registration as a private education institute has been approved by the Department of Education, Taipei City Government since 1972, and it has used the English word, “Taida” on T-shirts since 2008, which is earlier than NTU’s trademark application.  In this regard, the education institute asserted its bona fide prior use that involves no trademark infringement.  

　The Taiwan IPC court examined this lawsuit and entered a judgment against the education institute in the first instance proceedings, negating the bona fide prior use asserted by the education institute, sustaining the education institute’s infringement, and further ordering the education institute to pay TWD6.23 million and interest to NTU.  As ordered by the judgment, the education institute shall never use any words or marks identical or similar to NTU’s “台大” mark in Mandarin as its name or for use on signboards.  This judgment is appealable.  (Released 2022.09.05)  

/CCS