Prevailing Against a Chinese Trademark Hijacker

A hijacked mark in China is an all-to common event.   This July 7, 2015 article from IPPro The Internet summarizes two recent cases with diametric results:  Michael Jordan failed to invalidate a Chinese trademark using a transliteration of his name while Michael Bastian successfully invalidated a trademark squatter's registration of his name and Chinese transliteration.  The disparate results rely on the fact that Bastian was able to prove the hijacker's bad faith based on the hijacker's ownership of 120 trademark registrations with no business related to these marks.  Interestingly, Bastian was not able to prove prior use, but the Chinese appellate board still found sufficient bad faith.