Recently, an administrative investigation case against unfair competition handled by our firm is selected as the typical case in 2023 Shanghai “Iron Fist” campaign.

The Administration for Market Regulation of Shanghai Municipality has initiated the special campaign, which aims to address significant issues that have a strong impact on people’s livelihoods and public opinion. It aims to reinforce law enforcement in key areas that are crucial to the rights and interests of the public. The ultimate goal is to effectively resolve urgent and challenging problems faced by the public.

In this case, Shanghai Xinyan Trade Co. Ltd. was fined 207,954.35 yuan for the unauthorized use of the mark identical and similar to the name, packaging and decoration of the product with certain influence of our client- House Food Corporation.

Established in 1913, House Foods Corporation is a large-scale food corporation with a hundred-year history and many excellent products. One of its core products, Vermont Curry is very popular among consumers with high market share and great influence in first-tier cities such as Beijing and Shanghai. However, in order to make unlawful profits, some lawbreakers started to imitate the products of House Foods Corporation, which was very easy to cause consumers to confuse and misidentify. This kind of behavior not only led to negative impact on business activities of House Foods Corporation, but also disrupted the market order and infringed the legitimate rights and interests of consumers.

As the attorney of House Foods Corporation, we proactively protected the interests of client and won civil infringement litigation and administrative investigation cases in succession. In this typical case of the “Iron Fist” campaign, we once again successfully defended the rights of our client in administrative investigation case.

In the process of handling this case, our attorneys submitted a great deal of evidence proving the popularity of plaintiff’s products, judicial precedents and administrative investigation cases involving successful rights protection. We made detailed comparative analysis on packaging of plaintiff’s products and imitation products, and articulated that imitation products constituted infringement from the perspective of law and fact. At the same time, in order to toughen punishment, we also overcame various difficulties and inconveniences caused by the pandemic, actively collected and provided infringement clues and evidence of defendant, targeted multiple inter-provincial sites of infringing product, and maintained close contact online and offline with case investigators of market regulation administration. This case eventually gained the understanding and strong support of the market regulation authority with the defendant severely punished.

Through this administrative investigation case, our firm once again protected the legitimate rights and interests of client, punished the unfair competition behavior which easily caused confusion and disturbed the market order, and safeguarded both the market order and the rights of consumers.