Punitive Damages Ordered in Legal Case

Punitive Damages Ordered in Legal Case

2019/9/19

The Shanghai Pudong New District People's Court ruled in a trademark case in early September, ordering the defendant, a fitness equipment manufacturer headquartered in neighboring Zhejiang province, to pay punitive damages, or three times the US plaintiff's losses worth 1 million Yuan (USD 141,070). It is the first court ruling adopting punitive damage in Shanghai, since the prevention mechanism was introduced to the revised Trademark Law in 2013. Considering the defendant's repeated infringements, diverse distribution channels and refusal to submit sales records to the court, the judges found its infringement "malicious" and "serious" and thus granted the damages ruling.
 
Source: CNIPR.COM



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