IP and Law

Foreign involvement in Chinese media: that's magazines trademark court case

Mark Kitto, founder of the popular that's series of English magazines, was ousted last year by his state-owned partners, the China Intercontinental Press (CIP). He sued them for a trademark issue, and the case was heard last week Friday in the Beijing Number One Middle Court.

The Daily Telegraph has published a story summarizing the affair: Briton fights for rights to Chinese magazine titles.

Kitto clarified the nature of the court case to Danwei:

"This was only an appeal to get the Trademark Adjudication Bureau to rescind their decision to cancel my company's rights to the "that's" trademark, as requested by CIP. If we get the rights back, I then have to sue CIP for infringement and stop them using my trademark, unless we come to an arrangement.

I already tried a licence agreement back in 2004, they played along, all the while secretly preparing their case to get the Trademark Adjudication Bureau to cancel my rights. Will they play fair the next time, if there is one? Maybe they will just change the English name of the magazines, as they threatened to just before we started the negotiations for that dummy licence agreement in 2004.

Whatever happens, I fought hard to build "that's" magazines for seven years. This is just another battle. Not as much fun as creating magazines mind."

Representatives of CIP could not be reached for comment. Michael Wester, the General Manager of True Run Media, the company that produces That's Beijing (and an employee since the magazine's inception in October 2001) had this to say to Danwei:

"I can tell you from my perspective (which is essentially stuck in the middle of a situation the roots of which go beyond my involvement in the company) that my interests lie in protecting the brand, and hope to see the trademark issue resolved ASAP so that both sides -- Mark and the CIP -- can be happy with the continued success of That's Beijing into the future."

* Disclosure: Your correspondent is a friend of Kitto, helped launch that's Beijing, and is an occasional contributor to True Run Media's products.

Media Partners
Visit these sites for the latest China news
090609guardian2.png 090609CNN3.png
China Media Timeline
Major media events over the last three decades
Danwei Model Workers
The latest recommended blogs and new media
laomo2010x80.jpg
From 2008
Books on China
The Eurasian Face : Blacksmith Books, a publishing house in Hong Kong, is behind The Eurasian Face, a collection of photographs by Kirsteen Zimmern. Below is an excerpt from the series:
Big in China: An adapted excerpt from Big In China: My Unlikely Adventures Raising A Family, Playing The Blues and Becoming A Star in China, just published this month. Author Alan Paul tells the story of arriving in Beijing as a trailing spouse, starting a blues band, raising kids and trying to make sense of China.
Pallavi Aiyar's Chinese Whiskers: Pallavi Aiyar's first novel, Chinese Whiskers, a modern fable set in contemporary Beijing, will be published in January 2011. Aiyar currently lives in Brussels where she writes about Europe for the Business Standard. Below she gives permissions for an excerpt.
Front Page of the Day
A different newspaper every weekday
From the Vault
Classic Danwei posts
+ Korean history doesn't fly on Chinese TV screens (2007.09): SARFT puts the kibbosh on Korean historical dramas.
+ Religion and government in an uneasy mix (2008.03): Phoenix Weekly (凤凰周刊) article from October, 2007, on government influence on religious practice in Tibet.
+ David Moser on Mao impersonators (2004.10): I first became aware of this phenomenon in 1992 when I turned on a Beijing TV variety show and was jolted by the sight of "Mao Zedong" and "Zhou Enlai" playing a game of ping pong. They both gave short, rousing speeches, and then were reverently interviewed by the emcee, who thanked them profusely for taking time off from their governmental duties to appear on the show.
Danwei Archives
Danwei Feeds
Via Feedsky rsschiclet2.png (on the mainland)
or Feedburner rsschiclet.gif (blocked in China)
rsschiclet2.png rsschiclet.gif Main feed: Main posts (FB has top links)
rsschiclet2.png rsschiclet.gif Top Links: Links from the top bar
rsschiclet2.png rsschiclet.gif Danwei Jobs: Want ads
rsschiclet2.png rsschiclet.gif Danwei Digest: Updated daily, 19:30