Tengyu Successfully Represented Huangchao century wood Industry (Beijing) Co., Ltd in the civil lawsuit for Trademark infringement
Case Brief
After having a large number of nationwide advertising and reporting by the plaintiff and its authorized dealers, “Huangchao" has won numerous honors. Up to now, the "Huangchao" brand sales outlets throughout the country, consumer covering the whole country, the brand market share in the domestic door industry rank the best. "Huangchao" trademark in the wooden door industry has a high popularity and reputation. The plaintiff has the prior registered trademarks of "Huangchao", "Golden Huangchao" and "Huangchao wooden door" . After investigation, the plaintiff found that the defendant, Zhejiang Huangchao company produced and sold door and window products containing "Huangchao" and "Huangchao" logos without permission, and continued to use the above logos on the website and promotional materials. with the efforts of our attorneys, the court finally decided that the defendant should stop using the infringing products labeled "Huangchao". The defendant applies for changing the name of the company and compensated the plaintiff for economic losses and reasonable rights protection expenses.
Typical Significance
Successful registration of company name still means that infringement may occur, company name plays a role in distinguishing between different goods or services of suppliers in actual operation. Therefore, use of the company name shall comply with laws and regulations, as well as business ethics, and shall not damage the legitimate rights and interests of others or disturb the social and economic order, free riding, and unauthorized use of others' brand effect. In the event of a conflict between an company name and the registered trademark, it shall be dealt with in accordance with the principles of good faith, protection first and prohibition of confusion.
Sep 26, 2023
