| 摘 要： | This is the case in which the court in Shanghai has es- tablished the very first well-kown mark since the amended Trademark Law entered into force in 2001.On 31 December 2005,the Shanghai No.2 Intermediate People's Court ren- dered the ruling of first instance,establishing that the"STARBUCKS"and"星巴克"(the Chinese translation of"STARBUCKS"pronounced as"xingbake") trademarks as well-known marks and deciding that the defendant's act con- stituted trademark infringement and unfair competition.Dis- satisfied with the ruling the defendants appealed to the Shanghai Higher People's Court,which made the ruling to have upheld the former ruling.In this article an in-depth study is presented of the establishment of the well-known marks in suit and the decision on the trademark infringement and unfair competition and on the amount of damages.
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