Zhangzhou Nanfang Machinery Co., Ltd. v. QU Hongping
File No. C080538
Case Name: Zhangzhou Nanfang Machinery Co., Ltd. v. QU Hongping
Filing Date: N/A
Plaintiff: Zhangzhou Nanfang Machinery Co., Ltd. (Nanfang Co.)
Defendant: QU Hongping
Cause(s) of Action: Trademark infringement
Remedy Requested: (i) Cancel the infringing domain name and stop the unfair competition; (ii) pay damages for economic losses in the amount of RMB 10,000; (iii) undertake payment for entire cost of proceedings.
Trial Court: Hunan Province Changde City Intermediate People’s Court
Disposition: The court ruled in favor of the plaintiff with regard to the charge of trademark infringement. The court ordered the defendant to: (i) cancel the registration of the infringing domain name and stop using the plaintiff’s registered trademark; (ii) pay damages for economic losses in the amount of RMB 10,000.
Decision Date: March 18, 2008
Summary: The plaintiff (Nanfang Co.) charged the defendant (QU Hongping) with infringing on its exclusive rights to use the registered trademark “Yingtian” by registering a domain name containing the said trademark, selling via the Internet products similar to the plaintiff’s and providing sales-related product and service information that confuses relevant consumers as to the origin of the products, misleading the consumers to make online purchases, causing economic losses to the plaintiff through unfair competition. The court ruled in favor of the plaintiff.
The defendant admitted his infringing act, but disclaimed any liability for damages due to no actual sales or profit.
In accordance with PRC Trademark Law Article 14 and Interpretations of the Supreme People’s Court of Several Issues Concerning the Application of the Law in the Trial of Civil Dispute Cases Involving Trademarks Article 22, the court examined the trademark’s reputation to the relevant public; time for continued use; consecutive time, extent, and geographical area of advertisement and judged that the trademark was a well-known mark and should be protected as such. In accordance with the same judicial Interpretations Article 1 (3), the court held that the defendant’s registration of words identical with or similar to the plaintiff’s registered trademark as a domain name, and to conduct e-commerce in the goods through this domain name, which is likely to cause confusion among relevant public, infringed on the plaintiff’s exclusive right to use a registered trademark. Even though the defendant’s infringing act did not cause actual injury to the plaintiff, the court ordered the defendant to pay damages and to undertake payment for the costs incurred due to the dispute, based on the said judicial Interpretations Article 16 and PRC Trademark Law Article 56.
Copyright 2008, InterLingua.com, Inc.
Case Name: Zhangzhou Nanfang Machinery Co., Ltd. v. QU Hongping
Filing Date: N/A
Plaintiff: Zhangzhou Nanfang Machinery Co., Ltd. (Nanfang Co.)
Defendant: QU Hongping
Cause(s) of Action: Trademark infringement
Remedy Requested: (i) Cancel the infringing domain name and stop the unfair competition; (ii) pay damages for economic losses in the amount of RMB 10,000; (iii) undertake payment for entire cost of proceedings.
Trial Court: Hunan Province Changde City Intermediate People’s Court
Disposition: The court ruled in favor of the plaintiff with regard to the charge of trademark infringement. The court ordered the defendant to: (i) cancel the registration of the infringing domain name and stop using the plaintiff’s registered trademark; (ii) pay damages for economic losses in the amount of RMB 10,000.
Decision Date: March 18, 2008
Summary: The plaintiff (Nanfang Co.) charged the defendant (QU Hongping) with infringing on its exclusive rights to use the registered trademark “Yingtian” by registering a domain name containing the said trademark, selling via the Internet products similar to the plaintiff’s and providing sales-related product and service information that confuses relevant consumers as to the origin of the products, misleading the consumers to make online purchases, causing economic losses to the plaintiff through unfair competition. The court ruled in favor of the plaintiff.
The defendant admitted his infringing act, but disclaimed any liability for damages due to no actual sales or profit.
In accordance with PRC Trademark Law Article 14 and Interpretations of the Supreme People’s Court of Several Issues Concerning the Application of the Law in the Trial of Civil Dispute Cases Involving Trademarks Article 22, the court examined the trademark’s reputation to the relevant public; time for continued use; consecutive time, extent, and geographical area of advertisement and judged that the trademark was a well-known mark and should be protected as such. In accordance with the same judicial Interpretations Article 1 (3), the court held that the defendant’s registration of words identical with or similar to the plaintiff’s registered trademark as a domain name, and to conduct e-commerce in the goods through this domain name, which is likely to cause confusion among relevant public, infringed on the plaintiff’s exclusive right to use a registered trademark. Even though the defendant’s infringing act did not cause actual injury to the plaintiff, the court ordered the defendant to pay damages and to undertake payment for the costs incurred due to the dispute, based on the said judicial Interpretations Article 16 and PRC Trademark Law Article 56.
Copyright 2008, InterLingua.com, Inc.
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