RMB 6 million (US$900,000) monetary compensation against lookalike infringement and unfair competition of trade dress! First-Instance Victory for Davco Represented by Funto
来源:本站 时间:2024-11-06 浏览:235
Recently we have received a favorable first-instance judgment for a trademark infringement and unfair competition case, in which we represented Davco, a leading manufacturer and supplier of high-quality construction materials, a subsidiary of Sika Switzerland.
The court determined that the signs and domain names used by the defendant constitute trademark infringement, and the product packaging, company name, and advertising language used constitute unfair competition. Considering the defendant's malicious repeated infringement and the significant sales scale, the court fully supports our claim for compensation in the amount of 6 million yuan, about US$900,000.
The difficulty in this case lies in the defendant's transfer of shares to their spouse for free in previous cases to evade responsibility. We emphasized the malicious intent of each shareholder in the previous cases and created a relational chart to clearly present this to the judge during the trial. Ultimately, we successfully established that six individual defendants bear joint liability, which is a significant highlight of this case and an important breakthrough in holding shareholders accountable in similar cases.