Before we begin to recount the history of what has transpired in regards to Leupold’s efforts to trademark and protect our brand LEUPOLD in China, I do want to state for the record that Leupold has strong business partners in China. Most companies and authorities that we have dealt with in China and certainly those relationships and partnerships that are currently in place are based upon mutual respect, trust, honor and proper business ethics. From Leupold’s
perspective, we find it most unfortunate that with such positive business dealings with our many partners in China that a single company could cause us such problems.
What is more troublesome however is that with the extent of trade between China and the U.S. and all of the international agreements, conventions and protocols that China has acceded to, one would think that the PRC intellectual property laws would not allow such behavior. That has not been the case, at least from our experience over the past five years.
In December 2001, Leupold & Stevens learned that an application for the word mark LEUPOLD, in English, had been filed in the People’s Republic of China for goods including those manufactured and sold by Leupold & Stevens. That application, filed for goods in
International Class 13, was owned by a company called SAM Optics (Nantong) Company Ltd., hereafter SAM Optics. Note that Leupold & Stevens has never had a relationship with SAMOptics in any capacity, either as a distributor, retailer, or manufacturing partner.