“Bull” won the trademark infringement and unfair competition case
September 29, 2005Cixi Bull Electric Machinery Limited Company (hereinafter called “Cixi Bull”) is a well-known jack and switch maker in China and registered the trademark “公牛” (“Bull”) in 1997, which was approved to use in goods in class 9, i.e. switches. In September 2001, Wenzhou Bull Electric Machinery Limited Company (hereinafter called “Wenzhou Bull”) and registered the trademark of “會(huì)牛”, which was approved to use in goods in class 9, such as switches. Switches marked “會(huì)牛” manufactured by Wenzhou Bull were determined as goods of poor quality by Beijing Bureau of Quality and Technical Supervision in a sample examination in October 10, 2004. Afterwards, China Quality Newspaper reported on the event and media in other places all published this report. However, all media’s reports bore the words that “Bull Machinery” is of poor quality. As a result, consumers and distributors not knowing of the real circumstances of the event lost their confidence in Cixi Bull, which undermined the reputation of Cixi Bull badly.
In March 2005, Cixi Bull entrusted attorneys Zhang Yazhou and Jiang Zaoyun from Unitalen Attorneys at Law to lodge a lawsuit at Beijing No.2 Intermediate People's Court against the above-mentioned infringement. Beijing No.2 Intermediate People's Court held the court to hear this case in September 2005 and made the following judgment on September 23, 2005:
1. Wenzhou Bull infringed the exclusive right of Cixi Bull to use its registered trademark “Bull”;
2. Registering and using the name of “Bull” on the part of Wenzhou Bull has constituted unfair competition;
3. Wenzhou Bull shall pay Cixi Bull 200,000 yuan in compensation.
In March 2005, Cixi Bull entrusted attorneys Zhang Yazhou and Jiang Zaoyun from Unitalen Attorneys at Law to lodge a lawsuit at Beijing No.2 Intermediate People's Court against the above-mentioned infringement. Beijing No.2 Intermediate People's Court held the court to hear this case in September 2005 and made the following judgment on September 23, 2005:
1. Wenzhou Bull infringed the exclusive right of Cixi Bull to use its registered trademark “Bull”;
2. Registering and using the name of “Bull” on the part of Wenzhou Bull has constituted unfair competition;
3. Wenzhou Bull shall pay Cixi Bull 200,000 yuan in compensation.
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