Shanghai Court Legally Protects Foreign Enterprises' Name and Trademarks

Shanghai Court Legally Protects Foreign Enterprises' Name and Trademarks

2012/11/8

French Hennessy, a well-known brandy manufacturer, recently prevails in a trademark dispute. Shanghai No.1 Intermediate People's Court rules that the co-defendants, Hebei Changli Jinhai Wine Company, Shanghai Guangli Trade Company, Li Guofei, Guo Ziruo, commit infringement and unfair competition.


In 1995, French Hennessy set up an office in Beijing and started business in China with its registered trademarks Hennessy (both in Chinese and English), axe-shape and flat gourd shape bottle. In April 2011, Hennessy discovered that  Jinhai, etc used Hennessypt as trademark on their products and claimed that the brandy inside was made by French Hennessy Hongkong Company. Hennessy then brought Jinhai, etc to the court on the ground of trademark infringement and unfair competition.


The first instance decision ordered Guangli to indemnify 40,000 yuan, Jinhai indemnify 460,000 yuan in damages and cease infringement. Hennessy challenged the court's decision and requested the court add Li Guofei, Guo Ziruo as joint defendants, then it appealed to the Shanghai No.1 Intermediate People's Court.


The court held that Li Guofei, Guo Ziruo and Jinhai Company had their hands on the manufacturing and sales of the counterfeits and should assume liability and the above decision was made.

 

(Source: China IP News)




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