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Recently, Lifang & Partners successfully represented China State Construction Engineering Corporation (CSCEC) by winning an infringement and unfair competition dispute involving 2 trademarks. During the disputes, Beijing IP Court recognized that trademarks Nos. 895891 and 5640152 are well-known trademarks and granted damages as requested.
CSCEC is currently 23rd on the Fortune Global 500 and the largest construction on the Fortune Global 500. It has a good reputation and influence in the fields of domestic and overseas construction projects. It is also the frequent target of free-riders trying to pass themselves off as CSCEC subsidiaries or affiliates.
After discovering that their trademark was being infringed, CSCEC chose Lifang & Partners After analyzing and evaluating matters, we made a litigation plan and conducted detailed investigations into the defendant while collecting evidence of brand history, use, awards, income, profits, taxes and media propagation to provide solid evidence for litigation purposes.
This case includes several ex parte hearings, evidence exchanges and hearings. In its judgment, the Beijing IP Court recognized the 2 trademarks as well-known trademarks, granted an injunction against the infringer, ordered the infringer to change its name, and awarded damages as requested.
The legal points that led to our victory include the court recognizing the trademarks as well-known trademarks that were in use before the defendant company registered its name and the necessity of recognizing the well-known trademarks in this instance.
In China, the principle of recognizing well-known trademarks is “recognition in light of needs” and standards are becoming higher and higher, which makes recognizing well-known trademarks more and more difficult.
Lifang & Partners overcame many difficulties in this matter, demonstrated the reputation of the trademarks involved using various techniques and submitted opinions on the necessity of recognizing well-known trademarks in this case. Through our efforts, trademark nos. 895891 and 5640152, were successfully recognized as well-known trademarks, leading to the cessation of infringement and unfair competition, along with damages.
Lifang & Partners successfully provided high quality, professional legal services to one of the world’s leading companies. Perhaps we can assist you?