Recently, the IP Team of ZhongYin (Shenzhen) Law Firm received a civil judgment from the Suzhou Intermediate People’s Court. The lawyers of ZhongYin successfully assisted Ganten Company in judicial identification of its trademark “Ganten” as a well-known trademark and in extending the cross-category protection to products such as air purifiers. In this case, Gao Jinghe led the IP Team of ZhongYin (Shenzhen) to claim not only judicial identification of “Ganten” as a well-known trademark but also punitive damages from and against the defendant. The Suzhou court upheld such claims and awarded punitive damages of 3 million, which is exactly the amount of punitive damages claimed, effectively defended the reputation of the well-known trademark of Ganten Company in the market.

Ganten Company’s “Ganten” natural mineral water for drinking

Ganten Company is a conglomerate focusing on the production and sales of packaged drinking water. By its successful commercial operation, its “Ganten”-branded and other water products have become highly recognized in the industry. Knowing that “Ganten” is of popularity and reputation, the defendant copied and imitated the trademark “Ganten” of Ganten Company, used the logo “Ganten” on water purifiers, purifiers, and other purification equipment, and used “Ganten” as its business name, seeking for huge economic benefits by illegal means, namely by making use of the reputation of “Ganten” in the market.

“Ganten”-branded air purifier and water purifier produced by the defendant

After Ganten Company’s rights and interests in and to the trademark “Ganten” were infringed upon, it entrusted the IP Team of ZhongYin (Shenzhen) with the case. After accepting the entrustment, by upholding the spirit of diligence, responsibility, and excellence, the team made meticulous preparations and conducted systematic research on the case through investigations & evidence collection, special surveys, internal discussions, mock trials, and the like. By doing so, the team not only fixed the evidence that the defendant committed the infringement in a premeditated, organized, and maliciously way in order to obtain improper economic benefits and the case met all the conditions for awarding punitive damages such as serious infringement, but also obtained necessary proof and illustration of the “base” and “coefficient” for calculating punitive damages. Finally, the team successfully received punitive damages of 3 million as claimed by the team and fully upheld by the Suzhou Court, thereby protecting the legitimate rights and interests of Ganten Company to the greatest extent.

The IP Team of ZhongYin (Shenzhen) has developed a systematic IP protection strategy for Ganten Company, has repeatedly helped Ganten Company in protecting its “Ganten” and other trademarks through identification as well-known trademarks, and has assisted Ganten Company in successfully protecting its advertising slogan “Premium water: Ganten”.

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, etc. and are able to use English, German, and Japanese as working language. The IP team of ZhongYin (Shenzhen) has already accumulated extensive practical experience and successful typical cases in the fields of biomedicine, integrated circuits, new plant varieties, software copyrights, optoelectronic communications, energy saving & environmental protection, and so forth.