Reversing the judged compensation to RMB 2 million by second instance! Succeeded in Prohibiting trademark squatting on behalf of MIDEA.

来源:本站 时间:2024-01-31 浏览:310

On September 14th , 2023, FUNTO received a successful judgement with full revision from Zhongshan Intermediate People's Court, Guangdong Province ,which regarding the trademark and unfair competition dispute case we represented Midea Group Corporation, against the defendant Guangzhou Hualing Intelligent Technology Group Co., Ltd., Hualing Refrigeration Equipment (Zhongshan) Co., Ltd., and relevant shareholders.

Three main highlights in that case:

· First, this case held that the defendants’ long-standing acts of trademark squatting constituted the unfair competition. Accordingly, the defendants were ordered to immediately cease the registration of the trade mark containing “华凌”“hualing”and“R”.It completely solve the plaintiff's predicament of being caught in a constant coping situation due to the defendant's continuous squatting. 

· Monetary compensation ruled by second instance was increased by RMB 1,280,000 with our efforts, which is twice more than the figure of compensation judged by first instance.

· The claim for an apology published in local newspaper was upheld, which is rare in intellectual property cases.

The defendants in this case fully attached itself to Midea Group's "Hualing" brand , from the trademark, trade name, advertising slogan to product type. What’s more, they continued squatting identical or similar trademarks, which constitutes the aggravating circumstances of the violation. This case is ranked as an innovative and groundbreaking case which seriously attacked the defendants’ long-term trademark squatting action constitutes unfair competition.