Trademark infringement damage compensation dispute case trial

The Fuzhou two-level people's Courts rarely hear such dispute cases. Such cases are heard in accordance with relevant laws and regulations such as the Trademark Law of the People's Republic of China and the Civil Code. The parties shall provide evidence and the court shall confirm whether the infringement constitutes infringement. After the infringement is confirmed, the infringer shall be ordered to immediately stop the infringement and compensate the victim. losses, and in serious cases a fine may be imposed. From 1993 to 1994, the city's courts concluded a total of 4 cases involving Trademark infringement damage compensation disputes.

Attachment: Typical cases

Fujian Province ** Aluminum Factory v. Minhou County Welfare Decoration Decoration Fuzhou Engineering Department Supply Website trademark infringement damage compensation case. On October 30, 1985, China Administration for Industry and Commerce issued Trademark Registration Certificate No. 235758. The Registered Trademark is "Fujian Aluminum Brand", which is allowed to be used in Class 21 commodities such as aluminum ingots, aluminum profiles, aluminum plates, aluminum rods, and aluminum alloys. Registration The owner of the trademark is Fujian ** Aluminum Factory and is valid until October 29, 1995. In November 1992, the Defendant sold 1,551.8 kilograms of counterfeit "Fujian Aluminum" aluminum profiles to the construction unit of the Lianjiang County Archives without the Plaintiff's permission, and the quality of the aluminum profiles issued by the plaintiff on May 28, 1991 The date on the guarantee certificate was changed to May 28, 1992, and the quantity of 2.8 tons was changed to 5.8 tons, which was provided to the construction unit. In this regard, the Fuzhou Administration for Industry and Commerce initiated an investigation on December 10, 1992, and seized 350 counterfeit "Min Aluminum Brand" trademarks and logos from the defendant. On January 14, 1993, the Fuzhou Administration for Industry and Commerce believed that the defendant had illegally sold 1.5 tons of aluminum and made profits from it. It decided to destroy the seized counterfeit trademarks and logos and imposed a fine of 10% on the defendant's illegal sales of 30,000 yuan. The plaintiff believed that the Industrial and Commercial Bureau's handling did not involve the defendant's compensation for the damage caused by trademark infringement and the elimination of adverse effects, so he filed a lawsuit with the Fuzhou Intermediate People's Court. The court held that the defendant's behavior infringed upon the plaintiff's exclusive right to register a trademark, and in accordance with the provisions of the Civil Code, the defendant should bear civil liability for infringement. Since the Industrial and Commercial Administration has seized and destroyed the defendant’s counterfeit trademarks and logos, ordered it to stop infringement, and imposed a fine of 3,000 yuan on the defendant, and the defendant also apologized to the plaintiff during the court session, the court only dealt with the economic losses caused by the defendant’s infringement to the plaintiff. The defendant was ordered to compensate the plaintiff RMB 5,999.2 within 10 days from the date of entry into force of this Judgment. Neither the original nor the defendant appealed after the verdict.