Conba claims ¥300, 000's compensation for unsuitable use of trademark

2010/02/21

Lately, Zhejiang Conba Pharmaceutical Co., Ltd sued two companies and one individual entrepreneur for misusing its trademark as the name of medicine, and asked the three defendants to stop infringements, eliminate influences and compensate for 300, 000 Yuan. On the afternoon of February 20, presiding judge for the Intellectual Property tribunal of the People's Court of Beijing Fengtai District, together with two other judges heard the case.

Zhejiang Conba Pharmaceutical Co., Ltd (hereinafter referred to as Conba) claimed that, it was the exclusive right owner of "前列康", which was registered as renowned trademark and has been used for almost twenty years in the market. After special investigations, the company found that individual entrepreneur Fang had been selling "前列康泰栓" produced by a Beijing bio-technology company and an Anhui pharmacy company.

Conba believed the two companies and Fang hadn't got its permission and authorization, infringed the exclusive rights of Conba's trademark and brought huge economic loss to it. Thus, Conba brought a lawsuit against the three bodies to the court.

Fang didn't appear at the court after legal summons; the Beijing company and Anhui company argued that, "前列康泰栓" was the name of the medicine and not used as the trademark, so they didn't infringe the trademark right of Conba. Consequently, the two defendants didn't accept the claims of Conba.

The court didn't make any verdict for the case at the hearing.
                                                                                                      Source:IPR in China