Page 214 - مجلة الملكية الفكرية العدد كامل
P. 214
العدد الثالث- مجلة ثقافة الملكية الفكرية
tellectual Property Co., Ltd. an injunctive order against
(“Xiamen Xingjun”). all four defendants enjoin-
ing them from filing to regis-
In March 2020, Emerson ter any trademarks that are
sued Xiamen Anjier, Xiamen identical or similar with the
HNBC, Wang Yiping and In-Sink-Erator Trademarks,
Xiamen Xingjun for unfair granted an award of dam-
competition with Xiamen In- ages to compensate Emer-
termediate People’s Court, son for the losses of attorney
seeking injunctive reliefs, fees and reasonable ex-
damages, and an order for penses incurred by stopping
eliminating negative effects. trademarks piracy, and is-
On April 22, 2021, Xiamen sued an order to the defen-
Intermediate People’s Court dants to make a statement
rendered its first-instance on a national-wide media to
judgment39, finding that the eliminate negative effects.
defendant’s trademark pi- Xiamen Anjier and Xiamen
racy violated Article 2 of HNBC withdrew all trade-
the Anti-Unfair Competition mark applications before the
Law. Xiamen Anjier, Xia- hearing. On September 27,
men HNBC and Wang Yip- 2021, Fujian High People’s
ing constituted joint infringe- Court rejected the appeals
ment, and Xiamen Xingjun filed by the defendants and
constituted contributory in- affirmed the first-instance
fringement. The court issued judgment40.
39 Case Docketing Number: (2020) 40 Case Docketing Number: (2021)
Min 02 Min Chu No. 149.
214
