Cases

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202604-15

Assisted an e-commerce platform company in winning a trademark infringement case with a CNY 600,000 compensation award

In a trademark infringement lawsuit, we represented the plaintiff and filed a civil litigation against four defendants.

Through strategic on-site investigations, we located the defendants to secure a favourable forum, a position that proved advantageous from jurisdiction through to damages determination. During litigation, the defendants argued "legitimate use" based on their own registered trademarks and claimed the requested damages were excessive.

The team systematically cited precedent judgements from the Supreme People’s Court and various local courts and successfully refuted the defendants’ "legitimate use" defence. To determine the compensation amount, we overcame the difficulty of limited evidence of the client’s trademark rights usage, by conducting in-depth investigations and presenting the court with two approaches to calculate infringement profits, adequately demonstrating the significant scale of the defendants' illicit gains.
Ultimately, the court of first instance fully supported our claims. It ordered the defendants to jointly bear liability for infringement and awarded the client compensatory damages and reasonable expenses totalling over CNY 600,000, achieving a highly favourable result.
The successful outcome of this case demonstrates the team's sophisticated competence in trademark enforcement. They think strategically and act practically.

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202604-15

Represented a globally renowned stationery company in obtaining CNY 400,000 in civil damages from defendants previously convicted of criminal infringement

In the trademark infringement civil lawsuit, we represented the plaintiff, and filed a civil litigation against 6 defendants, who was held liable in the earlier closed criminal case. Facing the practical situation that the core defendants have already been criminally detained, and the civil court found it difficult to organize a trial, the team actively communicated with the judges and the prison administration. The civil court accepted our motions to serve to the prison and proceed a trial in absentia.

Ultimately, the civil court further ordered the defendants to compensate our client 400,000 CNY for civil damages, although the criminal case had already imposed fines ranging from 200,000 to 500,000 CNY on each defendant. After the judgement took effective, we initiated enforcement proceedings, and the 400,000 CNY damage award was successfully recovered to our client in full.

This case sets a valuable precedent for civil litigation against criminally convicted defendants, both substantively and procedurally. The full recovery of CNY 400,000 in civil compensation is particularly noteworthy, especially given that the defendants were already fined hundreds of thousands of CNY in an earlier criminal proceeding. This successful outcome relied on the team’s proactive and innovative strategies in coordinating among the civil court, criminal court, prison, local public security bureau, and the procuratorate.

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