Publish Time:2021-05-05 16:10 Extract From:Lung Tin
Multiple Cases Awarded as SPC and Other Local Courts’ IP Typical Cases

During this year's National IP Publicity Week, remarkable typical intellectual property cases in the local courts nationwide were released one after another. Multiple cases represented by Lung Tin were selected as typical cases by their typical legal and social effects. Please see the cases as below:


2020 Typical Cases of the Intellectual Property Court of Supreme People's Court For Its Second Anniversary


Appotronics Corporation Limited. v. Dehao Electron Technology Co., Ltd. (represented by Lung Tin) [Patent for Invention Infringement Dispute]


Appotronics claimed that Dehao infringed its invention patent rights and filed nine patent infringement lawsuits. To decline compensation for damages, our firm sorted out, analyzed, and evaluated all financial data of Dehao in the last three years and organized and issued an audit report. The sales price, sales cost, and product profit rate was demonstrated in detail based on the audit report. The Supreme People's Court conducted a refined calculation of compensation based on the audit report submitted by Dehao and changed the amount of compensation in the original trial. The compensation for damages has been declined by 83.4%.


2020 Top 10 Trademark Judicial Protection Cases in Fujian Courts


GS Yuasa Corporation (Represented by Lung Tin) v. Wu Maolin, etc. [Trademark Infringement and Unfair Competition Dispute]


GS Yuasa Corporation and others owned the registered trademarks such as "GS""". Wu Maolin and others committed trademark infringement and unfair competition by using legally registered companies. Confined to the "Independence of Corporate Personality", it failed to pursue the legal responsibility of the actual infringer. Our firm's investigation team collected detailed evidence and demonstrated the subjective malicious intentions of the actual infringer. The Quanzhou Intermediate Court judged that the defendants should bear the responsibility of compensation, in which the main infringer's compensation amounted to CNY 3 million. The Fujian Higher People's Court upheld the original verdict in the second instance. This case is the highest compensation case in the history of the Quanzhou Intermediate Court's trademark infringement case.


2020 Typical Foreign-related IP Judicial Protection Cases of Pudong District Court


BALANCED BODY INC. (Represented by Lung Tin) v. YongKang Elina Sports Equipment Co., Ltd. [Trademark Infringement and Unfair Competition Dispute]


BALANCED BODY INC. sued YongKang Elina in the Pudong District Court of Shanghai for using the same trademark as  its registered trademark "MOTR" without permission. Our law firm proposed a litigation plan of punitive damages. Combined with the legal requirements of punitive damages, Lung Tin Law Firm collected bundles of supporting evidences one by one. Pudong District Court determined that YongKang Elina's behaviors constituted trademark infringement and ruled that it should bear a total of CNY 3 million in damages, including reasonable expenses.


This case was also selected as one of the top ten intellectual property cases in China's courts in 2019, one of the typical cases in Shanghai courts to strengthen intellectual property protection in 2019, and one of the reference cases in the second batch by the Shanghai Higher People's Court in 2020.


2020 Top 10 Typical IPR Administrative Protectionin Beijing


Lian Hwa Foods Corporation (Represented by Lung Tin) v. Huafei Food [Trademark Infringement Dispute]


Taiwan Lian Hwa Foods Corporation filed a tip-off to Beijing Fengtai District Administration for Market Regulation regarding Beijing Huafei Food's unauthorized use of the trademark "Kadina咔笛娜" similar to its registered trademark "Cadina卡迪娜" . Our firm efficiently cooperated with administrative agencies to carry out special law enforcement actions and obtained key evidences, including warehousing list, outbound delivery list, Commodity Inspection and Quarantine Certificate, etc. It was found that as of August 13, 2019, Beijing Huafei had an illegal business turnover of more than CNY 1.94 million. Beijing Fengtai District Administration for Market Regulation imposed a fine of CNY 7.792 million yuan as an administrative penaly in accordance with the law.


This case was also selected as one of the top ten typical cases of law enforcement in the field of intellectual property rights by the Beijing Municipal Administration for Market Regulation in 2020.