Cybersquatting Swarovski triggered trademark infringement lawsuit

2010/11/25

Shanghai Wangxing Network Company registered four domain names involving the trademark of Swarovski, purchased counterfeit Swarovski crystals at Taobao at cheap price of 46 yuan, and then resold the crystals at the price of 288 yuan in the webisites linked to these domain names. Thus, Swarovski Company brought the legal representative of Wangxing to court, asking them to stop infringement, stop using the relevant domain names, make newspaper statement, compensate 400,000 yuan for losses and bear the lawsuit costs.

  Shanghai Huangpu District Court handled the case and made a first instance verdict in court: the defendant company must immediately stop using the domain name chinaswarovski.com and the domain name should be given back to the plaintiff within thirty days from the date when the decision enters into force; the defendant must stop using the registered trademark on the website and stop selling the plaintiff’s goods; the defendant should compensate the plaintiff reasonable expenses including economic losses, which is 98,000 yuan; the defendant should publish a statement on "People's Court News" to eliminate bad influence before the deadline.

                                                                    By IP Channel of People's Daily Online