A nearly two-year legal battle between Binh Minh Plastics and Binh Minh Viet Plastics over intellectual property rights has concluded with the court dismissing the case.

Binh Minh Plastics, a company with a 50-year history and roots as a state-owned enterprise, is known for its household and high-tech products used in numerous national projects. The company holds registered trademarks for its "Binh Minh plastic pipes." In 2023, Binh Minh Plastics discovered that Binh Minh Viet Plastics was selling PVC pipes labeled "Binh Minh Viet Plastics" in Long An. Binh Minh Plastics argued this created consumer confusion about the product's origin, damaging its reputation and infringing on its intellectual property rights.

Binh Minh Plastics filed a lawsuit demanding that Binh Minh Viet Plastics cease the alleged infringement, remove the "Binh Minh" label from its products and business operations, stop production and sales of the infringing products, issue a public apology, and refrain from using any confusingly similar information.

The National Office of Intellectual Property (Ministry of Science and Technology) determined that the label "Binh Minh Plastics" and the "BVM" logo used by Binh Minh Viet Plastics infringed on Binh Minh Plastics' trademark. Based on this, Binh Minh Plastics requested the Long An Market Management Department to take action against Binh Minh Viet Plastics' retailers. The authorities seized PVC pipes produced by Binh Minh Viet Plastics at several stores and requested a second expert opinion from the National Office of Intellectual Property, which reaffirmed the initial findings of infringement.

Logos of Binh Minh Plastics (left) and Binh Minh Viet Plastics.

Binh Minh Viet Plastics, established on 23/11/2022 and registered with the Ho Chi Minh City Department of Planning and Investment, argued that its company name and product labeling did not infringe on Binh Minh Plastics' rights. They contended that "Binh Minh Viet Plastics" was distinct from "Binh Minh Plastics" and therefore legally protected. The company also asserted its compliance with labeling regulations, stating its labels included the logo, product name, standards, and the responsible organization's name and address, as required by Decree 43/2017 and amended by Decree 111/2021. Binh Minh Viet Plastics further claimed that its "BVM" logo and slogan "BVM Plastic - Plastic pipes of Vietnamese people" were registered with the National Office of Intellectual Property.

Binh Minh Viet Plastics also accused Binh Minh Plastics of obstructing its business by requesting inspections of its distributors, manufacturing facilities, and headquarters by the Long An Market Management Department and the Ministry of Science and Technology Inspectorate. They filed a counterclaim, demanding Binh Minh Plastics cease these actions and issue a public apology.

In July 2024, the Ho Chi Minh City People's Court held the first-instance trial. Binh Minh Plastics reiterated its claims, emphasizing its long-standing market presence and legal compliance. They argued that Binh Minh Viet Plastics, despite being established only in 2022, used the phrase "Binh Minh" in its company name and products within the same industry, causing consumer confusion. This, they argued, violated Article 129 of the Law on Intellectual Property.

The court, however, dismissed all claims and counterclaims. While acknowledging Binh Minh Plastics' trademark ownership, the court found no confusion between the two company names, noting "Binh Minh" has two words and eight letters, while "Binh Minh Viet" has three words and 12 letters. The court also found the logos and slogans to be dissimilar, deeming the expert opinions as merely "reference material."

Binh Minh Plastics appealed the ruling. Binh Minh Viet Plastics also appealed, arguing that while the court found no infringement, it should have explicitly stated so in its decision.

Binh Minh Viet's logo registered with the National Office of Intellectual Property (left) and the logo used on products and business vehicles.

In April 2025, the appellate court upheld the initial ruling. The Supreme People's Procuracy argued that the expert opinions and administrative penalties supported Binh Minh Plastics' claims. However, the court disagreed, finding the logos and labeling distinct, with different sizes, fonts, and origins, unlikely to cause consumer confusion. The court also noted that the 50 pipes seized by the Long An Market Management Department were pre-production samples and had been recalled, questioning the evidentiary value of the expert opinions based on these samples.

Following the appellate ruling, Binh Minh Plastics filed a petition with the Supreme People's Procuracy and the Supreme People's Court, alleging "serious procedural violations" and requesting a cassation review. Binh Minh Plastics argued that the courts misidentified the disputed element, focusing on the logos rather than the "Binh Minh" element in the brand name. They stressed that Binh Minh Viet Plastics' copyright registration for its logo did not grant trademark protection for using "Binh Minh" in its company name or on products. Binh Minh Plastics also withdrew its request for Binh Minh Viet Plastics to change its company name, opting to pursue this through administrative channels. The Ho Chi Minh City Department of Planning and Investment had requested Binh Minh Viet Plastics to change its name for "infringing on industrial property rights" in June 2024, but this was pending the court proceedings.

Hai Duyen