Trademark

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024)

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024)By •

Mengchun’s Comments: Chinese Judicial interpretations and prior case law have long established that repeat infringement should give rise to punitive damages. However, proving repeat infringement remains a challenge in judicial practice. A recent decision by the Guangzhou Yuexiu District Court offers a valuable reference on how to build an effective evidentiary chain. Key issue involved: How can a rights holder establish […]

Guangzhou Yuexiu District Court: Determining Repeat Infringement in Punitive Damages Cases Involving Trademark Infringement (Decision Issued on November 29, 2024) More »

Trademark Infringement and Unfair Competition Case over the mark “Haipawang” (Fujian High People’s Court, 2024)

Trademark Infringement and Unfair Competition Case over the mark “Haipawang” (Fujian High People’s Court, 2024)By •

Issue involved: Where a company owns a prior registered trademark in the class covering the allegedly infringing goods—but that mark is unused or defensive—can the company instead rely on a different trademark registered in another class to seek recognition as a well-known mark and obtain cross-class protection? Comments/Strategies: 1. Focusing the Claim on Class 29 Rather than Class 30: After

Trademark Infringement and Unfair Competition Case over the mark “Haipawang” (Fujian High People’s Court, 2024) More »

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024)

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024)By •

Court: Luzhou Intermediate People’s Court Date of Issuance: November 7, 2024 Case No.: (2024) Chuan 05 Zhi Min Chu No. 5 Issue involved: How did the right holder obtain a compensation award totaling CNY 196 million? Mengchun’s Comments: 1. Collect data from the infringers’ official website, media platforms, and annual report, to serve as critical evidence for calculating sales volume

Luzhou Intermediate Court Awards CNY 196 Million for Trademark Infringement and Unfair Competition of “Yelanggujiu” (Ruled by Luzhou Intermediate People’s Court, Sichuan Province on November 7, 2024) More »

Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024)

Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024)By •

Court: Hangzhou Intermediate People’s Court Date of Issuance: April 26, 2024 Case No.: (2024) Zhe Min Zhong 234 Issue Involved: Whether a trademark agency should be held liable when it plays a significant role in planning or guiding trademark infringement, violating principles of good faith and professional ethics? Mengchun’s Comments: The right holder may collect evidence to prove that the

Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024) More »

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023)

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023)By •

Issue involved: If the profits obtained from infringement significantly exceed the statutory compensation limit, but the rights holder cannot obtain specific sales data from the infringer, how can the rights holder collect evidence and claim compensation? Mengchun’s Comments: 1. Collect preliminary sales data from the infringer to demonstrate that their overall profits exceed the statutory compensation limit. 2. Provide comprehensive

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023) More »

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