With insufficient evidence of prior use, Michael Bastian, a luxury American menswear designer, prevailed in a trademark dispute against a trademark hijacker who trademarks his name.

The Chinese Trademark Review and Adjudication Board (TRAB) in Beijing overturned a prior decision. The TRAB reached the decision even though there was little evidence that Michael Bastian’s use of the trademark or publicity in China prior to the date of filing by the defendant, but Michael Bastian’s case is the first time that these principles have been applied to foreign individuals.

Bastian commented and said this huge decision provides a sense of confidence for foreign celebrities entering the Chinese market, and he hopes this sets precedent and makes it easier for other fashion designers and members of the creative community to regain and protect their IP in China.