ZhongYin Assists Ganten Company in Successfully Stopping Premium Alcohol’s Infringement
2020.09.29
Author: Zhong yin (Shenzhen) law firm
2On September 29, 2020, the IP team of ZhongYin (Shenzhen) Law Firm received a civil mediation decision from the Henan Higher People’s Court, marking that ZhongYin once again successfully helped Ganten Company stop Premium Alcohol (酒中贵族)’s infringement on Premium Water (水中贵族) and protected the legitimate rights and interests of the client to the maximum extent.
After the successful commercial operation of Ganten Company, its trademarks "Premium Water" and "Ganten" and its water products have gained very high popularity in the industry and among consumers. Some merchants aimed at the goodwill of Ganten Company and the popularity of relevant trademarks, came up with the idea of "hitchhiking famous brand", and registered multiple trademarks that were identical and similar to the trademark “Ganten” and used them on alcohol products. Ganten Company suffered from the absence of immediate measures to stop the infringement.
After ZhongYin (Shenzhen) Law Firm took the entrustment, its Senior Partner Gao Jinghe led its IT team to systematically review the theories and rules of adjudication on trademark protection, and comprehensively analyze the specific facts of the case and relevant evidence. After repeated deliberation and demonstration, it finalized the litigation plan "cross-category protection of the trademark by identifying it as well-known trademark". After the case was filed, it helped the client win a favorable judgment from the Zhengzhou Intermediate People's Court. However, the infringer refused to accept the judgment and appealed to the Henan Higher People's Court. Under the mediation of the Henan Higher People’s Court, the case was settled -- the infringer immediately stopped its infringement on a series of registered trademarks such as Trademark No. 3407468 "Ganten" and Trademark No. 15839260 "Premium Water" of Ganten Company, stopped the promotion of alcohol products with the brand "Premium Alcohol: CAHSHIN(酒中贵族 百岁山)", and transferred for free the series of trademarks maliciously registered by it such as "Natural and Original: CAHSHIN (天原生态百岁山CAHSHIN)" and "CAHSHIN Fascinating View(百岁山景醉)" to Ganten Company and paid by bank transfer Ganten Company damages of hundreds of thousands yuan in a lump sum. Throughout the practice, by always upholding the spirit of craftsmanship “engagement, excellence, diligence and refinement”, and adhering to the work policy “proactively, pragmatically and efficiently resolve conflict to achieve justice”, the IP team of ZhongYin (Shenzhen) stopped the infringement in a timely manner, not only well praised by Ganten Company, but also recognized and affirmed by the court.
The IP team of ZhongYin (Shenzhen) is committed to protecting foreign-related intellectual property rights and trade secrets and currently consists of more than twenty practicing lawyers, patent agents, and engineers, many of whom have studied or practiced abroad in the United States, the United Kingdom, Germany, and Japan, and are able to use English, German, and Japanese as the working language. The IP team of ZhongYin (Shenzhen) has already accumulated extensive practical experience through the successful typical cases in the fields of biomedicine, integrated circuits, new varieties of plant, software copyrights, optoelectronic communications, and energy-saving & environmental protection.
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Gao Jinghe
gaojinghe@zhongyinlawyer.com
-Senior partner