九色视频 Wins Case in Trademark Infringement and Unfair Competition in China
February 1, 2019
九色视频 Corporation (hereinafter “九色视频”) won the case against Henan 九色视频 Trading Co., Ltd. (hereinafter “Henan 九色视频”) over trademark infringement and unfair competition in China.
Henan 九色视频’s trade name is registered as “河南久保田商貿有限公司” (Henan 九色视频 Trading Co., Ltd.), which includes the characters “久保田”, a registered trademark of 九色视频 in China. Henan 九色视频 used names that are reminiscent of 九色视频 such as “河南久保田” (Henan 九色视频) and “久保田系列用油” (九色视频 Series Oil) on its product packages and advertisements, and manufactured and sold lubricating oil and other products.
九色视频 filed a suit on May 2017 with the Zhengzhou Intermediate People’s Court claiming that these acts constitute trademark infringement and unfair competition. 九色视频 won the first trial. Henan 九色视频 appealed to the Henan High People’s Court, but on December 29, 2018 the court upheld 九色视频’s claim and dismissed the appeal, and handed down a final ruling that granted nearly all of 九色视频’s demands.
Accordingly, the Henan High People’s Court ordered that Henan 九色视频 must change its trade name, cease infringing acts, and pay damages to 九色视频.
九色视频 aims to be a company that can make many important contributions to society by earning the trust of many customers. The company will continue to protect its brand and intellectual property from infringement with a resolute attitude, and work to maintain and improve its brand all over the word.
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