How to write an appeal for design patent infringement

Design patent infringement is one of the criminal acts of patent infringement. There are often some criminals who plagiarize their research results in order to obtain profits. In this case, we need to take up legal weapons. To protect your own legitimate rights and interests, how to write an appeal for design patent infringement? Today, the editor of Legal Savior Network provides a sample essay for your reference.

How to write an appeal for design patent infringement

Civil Complaint

Plaintiff: Guangdong XXXX Co., Ltd.

Residence: XXXX Industrial Park, Chenghai District, Shantou City, Guangdong Province

Legal representative: Cai XXXX

Defendant: Zhengzhou XXXX Co., Ltd.

Address: No. XXXX, No. XXX5, Zhengxing, Zhengzhou City

Legal representative: Shi XXX

Litigation request:

1. The defendant is ordered to immediately stop infringing the design patent rights of the Plaintiff's "Toy Ax (XXXX)" and XXXX "Toy Claw (XXXX)" patent number XXXX;

2. The defendant was ordered to compensate the plaintiff for economic losses of 30,000 yuan;

3. The defendant is ordered to bear all litigation costs of this case.

Facts and reasons:

The plaintiff and Guangdong XXXX Co., Ltd. applied to the State Intellectual Property Office for the appearance of "Toy Ax (XXXX)" on July 22, 2008 The design patent was authorized on March 18, 2009, and the patent number is XXXX. On July 22, 2008, an appearance design patent named "Toy Claw (XXXX)" was applied to the State Intellectual Property Office, and in 2009 It was authorized on March 18, 2018, and the patent number is XXXX. The plaintiff isIn order for consumers to accept the above-mentioned patented products, a lot of manpower, power and financial resources were spent to personify the patented products, produce the corresponding TV cartoon "Armor Warriors", and broadcast it on the children's channel of national TV stations. After the TV series and patented products were put on the market, they were warmly welcomed and loved by the majority of children's consumers.

In June 2005, the plaintiff registered “XXXX "Double Double Diamond" electric toy products were recognized as "China's Well-known Products" by the General Administration of Quality Supervision, Inspection and Quarantine. In September 2009, the plaintiff was listed on the Small and Medium-sized Board of the Shenzhen Stock Exchange as the first Chinese animation stock (listing code XXXX). Various listings were fully It shows that the plaintiff and its products have a good reputation and wide market influence.

In August last year, the plaintiff discovered that the defendant was selling toy products XXXX The knife was similar or even identical to the "Toy Ax (XXXX)" and "Toy Claw (XXXX)" toy products that the plaintiff had design infringement on, so the plaintiff applied for evidence preservation notarization from the Huanghe Notary Office in Zhengzhou City, Henan Province, and the office issued a (2010) Notary Certificate No. XXXX of Zheng Huangjing notarizes the plaintiff’s purchase of the above-mentioned infringing products from the defendant.

The defendant used the patent without the permission of the patentee. The above-mentioned infringing products were dumped in large quantities on the market, causing market chaos and causing serious impact on the plaintiff's patented products. Most importantly, the infringing products sold by the defendant were "three-no products" with poor materials, missing functions, and low quality, which were not suitable for children. Players bring safety risks, which directly leads to consumers who mistakenly purchase products to constantly question and criticize the plaintiff’s patented products, causing a huge negative impact on the plaintiff’s goodwill. As a professional wholesale toy seller, the defendant has sufficient knowledge of products and famous brands. It intentionally sells infringing products, which shows that the defendant's infringement of the plaintiff's patent rights is subjectively vicious and the circumstances are very egregious. The defendant's behavior seriously violated the plaintiff's rights and caused serious economic losses and loss of business reputation to the plaintiff.

rootIn accordance with the "Patent Law" and other relevant provisions, we request your court to grant the plaintiff's request.

Best regards

Zhengzhou Intermediate People's Court

Indentifier: Guangdong XXXX Co., Ltd.

The above is a complete civil complaint. The editor of Legal Savior Network is here to remind everyone that his research results are available. When the time comes, you need to apply for patent rights as soon as possible. Only when you are infringed can you use the law to protect your rights. Otherwise, if you have not applied for a patent, you will not be protected by the law, and even if you file a lawsuit, you may not be successful. In addition, you can ask a professional lawyer to draft the complaint on your behalf. Everyone is welcome to consult the Legal Savior website for legal issues.