Recently, we win a trademark infringement and unfair competition case in the first instance.
The history of this trademark infringement and unfair competition case can be dated back to 2016. The alleged infringing party not only intentionally copied the trademarks and products of the right owner but also registered a combination of the right owner's trademark as a trade name and made a large number of trademark applications. Moreover, the alleged infringing party made false promotion on the internet by using the right owner’s information. Entrusted by the right owner, we made notarized preservation on the infringement act and made a request for an investigation on the infringement with the local Bureau of Industry and Commerce. However, as the alleged infringing party’s trademark, which is the imitation and combination of our client’s trademarks, had been approved for registration, the bureau regarded this case as the defendant’s use of its own trademark and failed to make the investigation decision due to the difficulty in making trademark infringement judgment.
Our attorney filed an invalidation request on the above-mentioned trademark. In the meantime, we contacted the defendant for stopping the infringing act and changing its trade name. But the defendant did not fulfil its promises of stopping infringement, we filed a lawsuit for trademark infringement and unfair competition in 2019.
Since this case involved a conflict of rights between trademark and trade name, it was necessary to claim that the plaintiff's trademark had a high popularity. To this end, we submitted more than 7,000 pages of evidence of the products using the trademark at issue, including sales contracts, advertising contracts, market share reports, audit reports, awards, previous protection cases, etc. During the trial, the defendant argued that the limitation of action for this case had expired. We showed the chat records of the two parties on the spot, claiming that the limitation of action, in this case, should be interrupted according to the law, due to the plaintiff's request for stopping infringement and the defendant's consent to fulfil obligations, which crushed the defendant’s last defense.
The court organized two hearings because of the complexity of this case and finally ruled that trademark infringement and unfair competition were constituted. The court fully supported our main claims and ordered the defendant to immediately stop the infringement on the plaintiff's exclusive right to use the registered trademark from the date when the judgment came into effect; to change the company name within 30 days; to compensate the plaintiff for economic losses and reasonable expenses totaling more than 350,000 yuan. The case is still in the appeal period, and the first-instance judgment has not yet come into effect.