Case Summary

"Xiaomi" owns the trademark rights of "MI" and its series marks with high popularity. The defendants Guangzhou Jiangming Electronic Technology Co., Ltd., etc, used trademarks highly similar to Xiaomi's trademark on "mobile phone shells" and other products, infringing upon Xiaomi's exclusive right to use these trademarks with a huge sales volume.CHISPO represented "Xiaomi" to sue in Xicheng Court. The court ruled in the first instance that the defendants should compensate "Xiaomi" for economic losses and reasonable expenses of RMB2.15 million. The defendants appealed to the Beijing Intellectual Property Court, and the original judgment was upheld in the second instance.

Lawyer's Comment

There was only one infringing store was found, at the beginning of representing this case. During the investigation, CHISPO's lawyer dug out more infringing stores and infringing product categories based on the situation of the client's trademark registration and use, and determined the defendant's infringing sales as RMB10 million. In combination with evidence of Xiaomi's popularity, evidence about the defendant's malicious infringement, and evidence of profit margin, as well as other evidence, the court finally ruled that the defendant should pay compensation of RMB 2.15 million. This case finally received a judgment with a relatively high compensation amount in the field of products with a lower unit price. such as mobile phone shells.