Suspended Prison Sentences, Fine and Civil Compensation for Infringement of Chinese Trademark ‘STIHL’

Posted on Categories Case, Trademarks

According to an  report in 宁波日报, an unnamed Ningbo company infringed Andreas Stihl AG & Co. KG’s Chinese trademark for ‘STIHL’ by manufacturing over 19,000 chain saws worth 225,000 RMB (about $34,000 USD) bearing the STIHL trademark without authorization.  On April 9, 2021, the Yuyao Court, where the case was heard, sentenced the Ningbo company to a 120,000 RMB fine and imposed additional 80,000 RMB to 120,000 RMB fines on three defendants.  The three defendants were also sentenced from two …

Guangdong Higher People’s Court Ups Damages 10X on Appeal in Trademark Infringement Case for Lego Bricks

Posted on Categories Case, Trademarks

On April 1, 2021, the Guangdong Higher People’s Court announced the awarding of 30 million RMB (~$4.7 million USD) to Lego on appeal, an increase from the original award of 3 million RMB.  Late last year, the Shanghai Higher People’s Court also upheld a 6-year prison term for Lego infringers in a related case for copyright infringement.  The Lego manufacturers, using the brand name Lepin  (乐拼), include Guangdong Meizhi Zhijiao Technology Co., Ltd. , a related entity, and Shantou Zhilepin …

Bulgari (BVLGARI) Wins at Beijing’s Intellectual Property Court Invalidating Hijacker’s Serpenti Snake Head Trademark

Posted on Categories Case, Copyright, Trademarks

On April 1, 2021, the Beijing Intellectual Property Court announced a ruling in favor of Bulgari over a third party’s trademark registration of Bulgari’s Serpenti snake head design.  The Court found that Liu’s registered Chinese trademark 15911982 for a snake head design infringed Bulgari’s copyright in the design, reversing the China National Intellectual Property Administration‘s (CNIPA) earlier ruling.  This decision shows one useful approach to challenging trademark squatters and hijackers in China is to use copyright law when a design …

China’s Supreme People’s Court Releases Typical Cases of Punitive Damages in Intellectual Property Infringement

Posted on Categories Case, Trade Secrets, Trademarks

China’s Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights” on March 3, 2021.  In order apply the Interpretation consistently and fairly, on March 15, 2021, the Supreme People’s Court released the “Typical cases of applying punitive damages in civil cases of infringement of intellectual property rights” (侵害知识产权民事案件适用惩罚性赔偿典型案例).  The Typical Cases contains five trademark infringement cases and one theft of …