HongFangLaw ~New INTA Bulletin Update
15 November 2016
Our partner?Nikita Xue, has reviewed a new topic for this month’s INTA bulletin related to Chinese IPR practice cases.
The topic of the new update is about how the District Court Finds Vacuum Cleaner Products for Export to Be Infringing.
A Chinese company, Ming Fei, has used the trademark BOSCHTURBO on vacuum cleaner products, 1,220 of which had been detained by Ningbo Customs on their way to be exported to Iraq. On this note, Bosch filed a lawsuit on March 24, 2016, arguing that Ming Fei products infringed on its BOSCH marks, and the hearing was conducted on July 11, 2016.
After examining the evidence submitted by both parties, the collegiate bench determined that the activity of the defendant constituted trademark infringement against Bosch, and all infringing products were ordered to be destroyed. An economic penalty of RMB 200,000 (approx. USD 30,303) was imposed against Ming Fei, and, as the sole investor and legal representative of Ming Fei, Shen Qiping was deemed to have joint liability.
Although Ming Fei is a limited liability company, the court deemed that Shen Qiping did not submit evidence to prove that the company’s property is independent of his personal property. This was a first instance court judgment.
It has already become into effect since neither party has appealed.
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