Shenzhen Bolinda Technology Co., Ltd. v. defendant Shenzhen Aitengda Electronic Materials Co., LTD., Zhuhai Zhongding Chemical Co., Ltd. unauthorized use of well-known products unique packaging, decoration disputes
Brief
The packaging and decoration pointed to by the plaintiff in this case are c (Na2S2O3) = 0.1000 mol/L standard solution and c (HCL) = 0.1000 mol/L standard solution. The plaintiff advertised and promoted the products involved in the case in the form of pictures and pictures on China Materials Procurement website, Marco Polo website, Raw Material Business website, and other websites. A total of 62 customers purchased the products involved in the case from the plaintiff, of which 43 were selected in the above top 100 China printed circuit industry list, and 21 were selected in the above top 100 China printed circuit industry list. The 62 customers are located in cities including Shenzhen, Guangzhou, Shantou, Huizhou, Qingyuan, Dongguan, Zhuhai, Jiangmen, Zhongshan, Xiamen, Suzhou, Wuxi, Kunshan and Shanghai. Boyuan purchased one bottle of sodium hydroxide standard solution and one bottle of potassium permanganate standard solution from Etenda Company. The bottle labels of the two standard solutions indicate the production lot as "10-11-21", and indicate "Etenda Company Ike Hong Kong Company" at the top of the label. By comparing the packaging and decoration of the accused goods submitted by the plaintiff, it is found that the combination of other design elements such as color, text layout, pattern distribution and arrangement are identical except for the differences in the text contents such as product name, chemical formula, production batch labeling time and deadline use date labeling on the labels of each product. It can be determined that all the accused products used unified packaging and decoration.
Shenzhen Intermediate People's Court judgment: the defendants Aitenda Company, Zhongding Company immediately stop in their production and sales of standard solution products with the plaintiff Bolinda company's well-known products, namely sodium thiosulfate standard solution and hydrochloric acid standard solution of special packaging, packaging, decoration similar to the unfair competition; The defendant Aitenda Company compensates the plaintiff Bolinda Company for economic losses and reasonable rights protection costs of RMB 1 million. After the verdict of the first instance, Aitenda Company and Zhongding Company refused to accept and appealed. Guangdong Higher People's Court judgment: reject the appeal, maintain the original judgment.
Case revelation
The field involved in the case is new and influential.This case is the first anti-unfair competition case involving standard substances nationwide.The first instance judgment is reasonable enough, and the amount of compensation should follow the spirit of judicial policy guided by the market value of the object of intellectual property.
On the basis of a detailed judgment on the calculation of the amount of compensation proposed by the plaintiff, the first instance judgment finally made a relatively high judgment based on the market value of the intellectual property object involved in the case generated by the plaintiff's continuous and stable use in the field of standard substances, supplemented by the nature, scale, duration and other factors of the infringement committed by the two defendants. It fully implements the spirit of the current judicial policy that the intellectual property compensation is oriented to the market value of the object of intellectual property.
Source: China (Shenzhen) Intellectual Property Protection Center Case database Project team,
Supreme People's Court Intellectual Property Tribunal,
Shenzhen Intermediate People's Court Intellectual Property Division,
Beijing/Shanghai/Guangzhou Intellectual Property Court,
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