真假“北汽”之争:一场迟到了十年的品牌切割

Core Viewpoint - The dispute between BAIC Group and Beijing Automotive Manufacturing Factory over the "BAIC" brand highlights that the division of a company is not merely resolved through a share transfer agreement, as the definition of intangible brand heritage can lead to more complex and enduring challenges [2][4]. Group 1: Background of the Dispute - BAIC Manufacturing was established in 1951 and became a significant player in China's automotive industry, with the "BAIC" brand gaining national recognition through the production of the BJ212 off-road vehicle in 1965 [4]. - In 2015, BAIC Group transferred 51% of BAIC Manufacturing's shares to a private entity, leading to BAIC Manufacturing becoming a private company [5]. - Following the share transfer, BAIC Manufacturing began to emphasize its historical connection to the "BAIC" brand, which led to tensions with BAIC Group [7]. Group 2: Legal Proceedings - Since 2021, BAIC Group has filed multiple lawsuits against BAIC Manufacturing for trademark infringement, claiming that BAIC Manufacturing has used the "Beijing" trademark without authorization [8]. - The court ruled in favor of BAIC Group, recognizing the brand's established market presence and the potential for consumer confusion [9]. - The lengthy duration of the legal proceedings is attributed to the extensive evidence required in trademark and unfair competition cases [9]. Group 3: Future Implications - BAIC Manufacturing has appealed the first-instance ruling, indicating that the legal battle is far from over [11]. - Experts suggest that companies should prioritize the clear delineation and protection of intangible assets during asset restructuring or divestiture to avoid similar disputes in the future [11][12]. - The case serves as a reminder for companies to include detailed contractual terms regarding the use of brand names and trademarks in share transfer agreements to prevent future conflicts [12].