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Zhongyin (Chengdu) Branch Agent Chengdu Golden Apple Education Group’s Trademark Rights Case Gained Periodical Victory

2017.07.25  

Author: Zhong yin (Chengdu) law firm   

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Chengdu Golden Apple Education Group (Chengdu Gold Apple Group) is a leading company in west China, which involves pre-school education, primary education, professional training and so on. From 1993 to the end of 2015, they had opened 34 wholly-owned direct kindergartens in Sichuan, in the forty-first types of education, kindergartens, training and other services, Chengdu Golden Apple Group obtained “DOLDEN APPLE” trademark, which is the well-known trademark in Chengdu and Sichuan.

With the popularity of “Golden Apple Kindergarten”, there appears a great deal of brand infringement, free rider trademark infringement and unfair competition. In the end of 2015, Golden Apple Group officially appointed Zhongyin (Chengdu) senior partner Li Xinwei as the person in charge, Zhang Xiaoyan and Gui Bo as main undertakers to protect “Golden Apple” trademark rights. Zhongyin (Chengdu) lawyers, through investigation and evidence collection, issued lawyer’s letter to Yibing Gong County Golden Apple Kindergarten, Deyang Jingkai District Golden Kindergarten, Panzhihua Golden Kindergarten and other 13 kindergartens or schools, to request them to stop their infringement immediately. Most of these kindergartens rectify within limited time, for the typical tort intransigent, Zhongyin (Chengdu) branch’s lawyers on behalf of Golden Group filed a lawsuit to court, now the trademark rights protection has gained periodical victory.

Now, as the first case in “Golden Apple” trademark protection, Chengdu Golden Apple Group litigating Nanchong Shunqing District Guzhou kindergarten’s trademark infringement and unfair competition case, after hearing by the Intermediate People’s Court of Nanchong, the verdict is as followings: Nanchong Shunqing Districte Guzhou Kindergarten’s action constituted the exclusive right to infringe the registered trademarks stipulated in article fifty-seventh of the <Trademark Law>, it is the same industry as Chengdu Golden Apple, its pre-name “Nanchong Shunqing District Golden Apple Kindergarten” used Chengdu Golden Group’s trademark, and the word size is exactly the same, this action is confusing to the public about the services source, free possession of Chengdu Golden Apple Group’s business reputation, obviously belongs to unfair competition. Nanchong Shunqing District Guzhou Kindergarten compensates for economic losses, legal fees, notary fees and travel expenses totally 100 thousand yuan to Chengdu Golden Apple, and bears the litigation costs 6124 yuan.


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