Follow our WeChat account

News & Events

DYNAMIC CENTER

Trademark & Patent Cases in CHINA

Author: CHISPO

Date: 2019-12-18

"A Thai Company Won The Lawsuit of the Top Brand 'Red Bull' in China"

The trademark "Red Bull" was registered by  T. C. Pharmaceutical Industries Co., Ltd. ("Thailand T. C."). in respect of the goods "energy drinks" in 1998 in China. And Reignwood Group was permitted to use this trademark afterwards. In terms of the current market share, the cumulative output of the trademark "Red Bull" products exceeded 8 million tons, as of April 2018, with cumulative sales of 14.53 billion yuan, and its “leading position” is unshakable.

Since August 2016, Thailand t. c. has filed suits against a number of companies operated by Reignwood Group for infringing exclusive rights of registered trademarks and unfair competition. There were more than 20 disputes between the two parties. This series of disputes can be described as one of the most influential sets of domestic disputes in recent years, both in terms of the popularity of the parties, and in terms of the scope of the litigation, the type, and the number of cases.

 

Red Bull Vitamin Beverage Co., Ltd. ("Red Bull Company") who is the affiliated company of Reignwood Group, as the plaintiff filed a lawsuit requesting confirmation that Red Bull Company had the legitimate rights and interests as the owner of the "Red Bull" series of trademarks; the total amount of advertising expenses paid to Red Bull Company was 3.753 billion yuan.
The Beijing High People's Court made a first-instance judgment on a trademark infringement lawsuit filed by Red Bull Company on November 25, 2019, in Red Bull Company's own business interests, with related advertising costs having been included in the company's overall operating costs. However, its request for Thailand t. c. to bear the associated costs lacked facts and legal basis, so the court did not support it. To sum up, the court found that all the grounds of litigation of Red Bull Company could not be established, so the judgment rejected all the claims of Red Bull Company.

 

"Bayer Won The Lawsuit Of The Syringe Invention Patent With The Compensation of 1.31 Million Yuan"
Recently, the Beijing high people's court ("Beijing high court") made a final decision for an infringement case of the invention patent (Patent Num.: ZL00817905.0) which occurred between Bayer Pharmaceutical Co., Ltd. ("Bayer") and Shenzhen High-Tech Industrial Co., Ltd. ("Ante company"), Beijing BangShengDeEr Bond Trading Co., Ltd. ("BangShengDeEr Company"). The court ordered the Ante company to immediately stop manufacturing, promising to sell, or selling the products accused of infringement, and also destroy the product drawings and mold manufacturing accused of infringement, and to compensate Bayer's economic loss compensation and reasonable expenses a total of more than 1.31 million yuan, and ordered the BangShengDeEr Company immediately to stop selling the products accused of infringement.

 

Both Bayer and BangShengDeEr Company said they would comply with the ruling of the first instance. Ante company against the Beijing IP Court decision, appeal to the Beijing high court. Ant company appealed that the alleged infringing product lacked the relevant technical features of the relevant patent claims 1-3 and 5, and the protection scope of claim 1 was unclear, so the alleged infringing product did not fall into the protection scope of the relevant patent.

The Beijing high court rejected the appeal and upheld the original verdict. 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                               Source: http://www.court.gov.cn/