What to do if a biotech company clashes with a female perfumer over a trademark infringement case involving "World Champion Gin"? A lawyer from Fidelity Law Firm explains relevant legal issues regarding trademark applications.

Case Background and Legal Disputes

"World Champion Gin" trademark battle against biotech company and beautiful perfumer Dongsen News reporters Hong Shiqing and You Yaxing

A gin that just won the World Gin Competition this year has sparked a trademark battle. This gin was a product jointly developed by a biotechnology company and a renowned perfumer, with a one-year cooperation agreement. However, the biotechnology company claims that the perfumer registered the trademark before the contract expired and subsequently mass-produced the same gin, thus breaching the contract. The perfumer, however, counter-sues, alleging that the other party breached the contract first. From packaging and font to the bottle itself, the two gins appear identical at first glance. This particular gin won the World Gin Competition this year, becoming a source of pride for Taiwan. However, it has ignited a trademark war. The famous female perfumer, who has ventured into the wine industry, was moved to tears upon receiving the award, but the biotechnology company that collaborated on this champion gin has come forward with a lawsuit. Daniel, the brand PR representative for the biotech company, stated: "Her specialty is perfumer, and our specialty is algae. So, making gin, as the name suggests, means 'Perfumer Algae Gin.' We only discovered two days after the contract ended that she… had registered 'Algae Gin' through her marketing company back in March (before the contract expired). There might be some unpleasantness after the contract ends, but we won't… try to erase the traces of our past cooperation." The biotech company pointed out that the champion gin has become a collector's item since the contract expired, and the wording from their joint development has been removed from the perfumer's mass-produced version. The accused perfumer said: "(The other party) committed many breaches of contract. My gin isn't just this one bottle, so registering 'Perfumer Gin' was something our company was supposed to do anyway. It has nothing to do with competing with the biotech company today or anything like that."

Intellectual property lawyers at Fidelity Law Firm explain trademark rights.Trademark applicationand related legal issues of the cooperation agreement

A lawyer specializing in intellectual property rights at Fidelity Law Firm stated, "According to the cooperation agreement, the intellectual property rights of all works produced during the cooperation period belong to both parties. Therefore, without the consent of the other party, it is not possible to apply for trademark registration independently." The two parties' conflicting statements led to a strained relationship, with each producing similar products. The most regrettable thing is that, with the termination of the cooperation, the award-winning wine seems irretrievable.

Opinion of Fidelity Law Firm

What should be confirmed first when encountering similar cases?

• First, organize the event timeline, notices, contracts, chat logs, photos, videos, and payment information.
• Confirm the current stage of the process: it may be just a consultation, you may have been interviewed, you may have received a summons, you may have entered into court proceedings, or you may need to file a lawsuit to seek compensation.
• Assess whether there are immediate risks such as statute of limitations, evidence preservation, detention, imprisonment, settlement negotiations, or media exposure.