IP and Law

Who owns "Feichang"?

JDM050701feichang.jpg
Li Yong, host of Feichang 6+1, with Wahaha's Feichang Cola

"Feichang 6+1" (非常6+1)is a wildly popular game show on China Central Television (CCTV) in which contestants undergo grueling training to imitate pop idols onstage. "Feichang Cola" (非常可乐) (aka "Future Cola") is a well-known domestic soft-drink brand owned by the Wahaha company.

Normally this wouldn't be a problem - fēicháng, "extraordinary" or "extreme", seems to be this year's trendy term - and it appears in hundreds of product names, from a Three Kingdoms online game to a Chinese version of the 24 television show to "SuperLawer," an attorney website.

But Wahaha has taken the extra step of applying for a trademark on "Feichang 6+1" to be used on beverages ranging from fruit juice to non-alcoholic beer. The television show's brand is estimated to be worth around 800 million RMB, and it appears as if Wahaha is trying to piggy-back on top of that name-recognition.

The registration has not been granted yet, and it is unclear how CCTV will respond during the three months open for airing opinions. Perhaps Wahaha is betting that its status as one of CCTV's largest advertisers will give it a pass on stealing the trademark.

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