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News / Firm News

Candidates of the TOP 10 IP Cases of Guangdong Courts in 2012

2013-04-01

The trademark infringement and unfair competition case for a worldwide famous portal and Internet search engine is selected as a candidate of the TOP 10 IP Cases handled by Guangdong Courts in 2012. The 26 candidates include 6 cases involving foreign parties including Apple (the iPad trademark case), Louis Vuitton (Trademark and unfair competition case), and Sony (Patent case). The worldwide famous portal and Internet search engine is represented by Beijing East IP Law Firm.

In November 2011, Shenzhen Intermediate Court Decision [(2009) Shen Zhoug Fa Min San Chu Zi No. 375] supported the claims of such worldwide famous portal and Internet search engine. The Court ordered the defendant to cease the trademark infringement and unfair competition, change the trade name with the local AIC, and pay damages of RMB 200, 000 (around US$ 33,000).

In June 2012, Guangdong High Court (the appellate court) issued Decision [(2012) Yue Gao Fa Min San Zhong Zi No. 215]. Guangdong High Court reversed the first instance court decision by raising the damages to RMB 400, 000 (around US$ 66,000), and affirmed the other rulings of the first instance court. This case mainly involves the issue of factors in determining the damages and hotly debated issue of conflicts between trade name and trademark registration. This case is widely reported by media.

The URL link of the Guangdong High Court is as follow:

http://www.gdcourts.gov.cn/gdcourt/front/front!content.action?lmdm=LM132&gjid=20130320090917954000