On the afternoon of 16/9, the Ho Chi Minh City People's Court heard a case of intellectual property dispute between Minh Khang Trading and Service Company Limited (Minh Khang Company, based in Hanoi) and Sen Vang Advertising and Trading Joint Stock Company (Sen Vang Company) and Ms. Pham Thi Kim Dung (General Director of Sen Vang Company).
Minh Khang Company stated that the National Office of Intellectual Property granted them a trademark certificate for a beauty pageant titled "VIET NAM PEACE BELLA" in 2019. The protected content includes both the text and accompanying image of "PEACE BELLA", translated as "peace beauty".
However, Minh Khang Company alleges that Sen Vang and Ms. Dung have used the phrase "Hoa hau Hoa binh Viet Nam" (Miss Grand Vietnam) for years to organize the Miss Grand Vietnam beauty pageant, promoting the brand across various media, social networks, posters, and banners without the trademark owner's permission.
The plaintiff argues that this act infringes upon their intellectual property rights, directly affecting their legitimate business operations. Therefore, Minh Khang Company filed a lawsuit, requesting the court to order Sen Vang Company and Ms. Dung to immediately cease using "Hoa hau Hoa binh Viet Nam" in all forms; remove all published related content across platforms; and issue a public apology in three consecutive newspaper issues.
Refuting the plaintiff's viewpoint, the defendant's authorized representative stated that "Miss Grand International" is a beauty pageant promoting peace. Since 2013, the pageant has been held in many countries, aiming to end war and violence.
"Miss Grand International" is one of the six largest beauty pageants globally, introduced to Vietnam in 2017 and popularly known as Miss Grand Vietnam.
On 9/4/2021, Sen Vang Company signed an agreement with Miss Grand International to use the Miss Grand International trademark (already protected in Vietnam) and organize Miss Grand Vietnam to select Vietnam's representative for the international competition. Since then, Sen Vang has completed all necessary procedures and obtained permits from authorities to organize this pageant.
The defendant argues that the plaintiff's translation of "PEACE BELLA" to "peace beauty" and associating it with "Hoa hau Hoa binh" (Miss Grand), claiming infringement, is baseless.
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Ms. Pham Kim Dung (right) and runner-up Ngoc Thao (left) crown Thuy Tien as Vietnam's representative at Miss Grand International 2021. Photo: Sen Vang |
Ms. Pham Kim Dung (right) and runner-up Ngoc Thao (left) crown Thuy Tien as Vietnam's representative at Miss Grand International 2021. Photo: Sen Vang
Neither party has received trademark certification.
During the interrogation, the judging panel questioned both sides about the basis of the lawsuit and whether they had received trademark protection for "Hoa hau Hoa binh Viet Nam". Representatives from both the plaintiff and defendant stated they had applied for registration but had not yet received certificates.
Presenting arguments for the plaintiff, their lawyer stated that Minh Khang Company is the legal owner of the "Vietnam Peace Bella" trademark, specifically the visual aspect, certified by the National Office of Intellectual Property on 6/8/2019, under the service category of cultural activities, including beauty pageants.
In 2022, Minh Khang Company received a permit from the Da Nang City People's Committee to organize a competition titled "Hoa hau Hoa binh Viet Nam 2022". Prior to 4/12/2020, no official competition bearing this name had been approved by competent authorities.
Minh Khang Company's lawyer cited the assessment conclusion from the Intellectual Property Institute (Ministry of Science and Technology), stating that Sen Vang's use of "Hoa hau Hoa binh Viet Nam 2022" on media, websites, and promotional materials infringes on the protected trademark, as it's deemed "confusingly similar" to "Vietnam Peace Bella".
The plaintiff also rejected Sen Vang's argument that "Miss Grand Vietnam" is a well-known trademark, as this title can only be recognized with a decision from a competent state agency, not through self-proclamation. To date, Sen Vang Company's trademark application has not been granted, only formally accepted.
Therefore, Minh Khang requested the court to order Sen Vang Company to cease the infringement and stop using "Hoa hau Hoa binh Viet Nam" in all commercial activities.
Meanwhile, the defendant's lawyer argued that Minh Khang Company has no right to sue as they have not received a trademark certificate for "Hoa hau Hoa binh Viet Nam," meaning they do not own the intellectual property rights to this name and cannot demand others cease its use.
Furthermore, the defendant argues that the plaintiff sued the wrong party, as they have never used the trademark "Hoa hau Hoa binh Viet Nam" but only the name "Miss Grand Vietnam" under a licensing agreement.
Additionally, Minh Khang Company has never received permission from authorities to use "Hoa hau Hoa binh Viet Nam", only receiving approval from Da Nang City and Ho Chi Minh City People's Committees to organize beauty pageants under the name "Miss Peace Vietnam 2022".
Regarding the assessment conclusion, the defendant argued that the phrase "Hoa hau Hoa binh Viet Nam 2022", extracted by the plaintiff from the defendant's competition application, is not a valid object for assessment according to regulations, as it doesn't represent the complete document.
Moreover, this conclusion is merely a service provided by the Intellectual Property Institute, not an official document from a competent state agency, thus lacking legal value and admissibility as evidence. Consequently, the defendant's lawyer requested the court to dismiss all of the plaintiff's claims.
After several hours of debate, the trial was adjourned and will resume on 26/9.
Hai Duyen
