In a filing with the Hong Kong Stock Exchange dated February 21, 2023, CALB Group Col., Ltd. (中創新航科技集團股份有限公司) announced that the Fuzhou Intermediate People’s Court ruled against it in a patent infringement lawsuit for lithium-ion batteries. The Court awarded Contemporary Amperex Technology Co., Limited (CATL), the world’s largest EV battery producer, 35.8 million RMB in damages, 798 thousand RMB for provisional patent protection (from the time of the patent application publication), over 202 thousand RMB for reasonable expenses, and an …
Category: Case
Mattel Defeats Chinese Trademark Applicant Attempting to Register “Barbie” for Services Including Artificial Insemination (For Animals)
On February 16, 2023, the Beijing IP Court announced a ruling in Mattel’s favor against a Chinese applicant attempting to register a trademark for 芭比堂 (Barbie Tang) in class 44 for goods and services including animal breeding, artificial insemination (for animals), test tube fertilization (for animals), pet bathing and veterinary assistance. Yunchong (Beijing) Animal Medical Technology Co., Ltd. (云宠（北京）动物医疗科技有限公司) operates a chain of animal hospitals operating under the name of 芭比堂动物医院 (Barbietang Animal Hospital) and applied for a trademark for …
China’s Supreme People’s Court: Patentee Entitled to Punitive Damages for Breach of Settlement Agreement
In a decision highlighted by China’s Supreme People’s Court (SPC) on February 7, 2023, the SPC ruled that a plaintiff patentee was entitled to punitive damages when the defendant sold the infringing product after concluding a settlement agreement in an earlier case to stop infringing. Jin XX sued Baijia Hardware, Electrical, Labor Insurance and Building Materials Business Department and Zhengzhou Baifa Trading Co., Ltd. for invention patent infringement of CN1131364 for a “Reverse Ground Planer.” On appeal to the SPC, …
Decathlon Wins Almost 3 Million RMB in Chinese Trade Dress Dispute for Store Design
As reported by 京法网事 , the Shijingshan People’s Court ruled in favor of Decathlon (Shanghai) Sports Goods Co., Ltd. in a trade dress dispute with a competing unnamed outdoor sports store involving store layout, decoration, logos, props, and other decorative elements. Decathlon was awarded 2.94 million RMB in damages and 350 thousand RMB for expenses, an injunction to eliminate the impact of the unfair competition, and require the defendant to publish a statement in the China Intellectual Property News for …