Unitalen Succeed in IPR Protection for Cixi Ox Electric Appliances Co., Ltd.

January 25, 2006

In March, 2005, Cixi Ox Electric Appliances Co., Ltd.(“Cixi Ox”) entrusted Unitalen Attorneys at Law to file a lawsuit against the Wenzhou Electric Appliances Co., Ltd.(“Wenzhou Ox”) for trademark infringement and unfair competition. In September, 2005, Beijing No. 2 Intermediate People’s Court rendered the judgment in the first instance by holding that the trademark “公牛”(Chinese transliteration of “Ox”)owned by Cixi Ox enjoyed high reputation in the public, that Wenzhou Ox’s use of the trademark “会牛”(Chinese characters) infringed the trademark right of Cixi Ox on the mark “公牛”, and that Wenzhou Ox’s registration and use of the trade name of “公牛” constituted unfair competition. Based the facts, the court ordered Wenzhou Ox to immediately cease its conduct of trademark infringement, to cease the use of the trade name of “公牛” in commerce, and to pay Cixi Ox damages of RMB200,000. Not satisfied with the judgment, Wenzhou Ox filed the appeal with the Beijing High People’s Court.


On the appeal, Beijing High People’s Court rendered the final judgment on December 20, 2005. The high court upheld the judgment of the lower court and rejected the allegations of Wenzhou Ox. With the close of this case, Unitalen successfully represented Cixi Ox for its IPR protection.

 

Keywords