Unitalen Succeeded in Defending Trademark Right for Zhuzhou Qianjin Pharmaceutical Company
August 31, 2006Recently, Zhuzhou Intermediate People’s Court in Hunan Province announced the final verdict that “Qianjin Feminine Wash” manufactured by Jiangxi Deshang Pharmaceutical Company (hereinafter “Deshang Pharmaceutical”) had infringed the trademark right exclusively owned by Zhuzhou Qianjin Pharmaceutical Company (hereinafter “Qianjin Pharmaceutical”) and the appeal by Deshang Pharmaceutical was rejected. Thus, Unitalen succeeded in assisting Qianjin Pharmaceutical to defend its trademark right.
In the first half of 2005, being aware that a large quantity of “Qianjin Feminine Wash” products appeared in the market, Qianjin Pharmaceutical immediately made contact with its IP counselor, Tian Daliang, lawyer from Unitalen’s Hunan Office, who was then entrusted to lodge a complaint to Zhuzhou Administration for Industry and Commerce (AIC). Zhuzhou AIC made a decision on September 3, 2005 against Deshang Pharmaceutical’s infringement of the trademark right of Qianjin Pharmaceutical, ordering immediate cease of manufacturing and selling of “Qianjin Feminine Wash”. Deshang Pharmaceutical applied for reconsideration with the Provisional Administration for Industry and Commerce of Hunan on November 30, 2005 but the Decision was maintained. Failing to realize the infringement essence of his behavior, Deshang Pharmaceutical sued to Tianyuan People’s Court in Zhuzhou and, after losing the lawsuit, appealed to Zhuzhou Intermediate People’s Court. Nevertheless, the Court dismissed the appeal of Deshang Pharmaceutical by maintaining the first verdict. Thus, the trademark right of Qianjin Pharmaceutical was well protected.
In the first half of 2005, being aware that a large quantity of “Qianjin Feminine Wash” products appeared in the market, Qianjin Pharmaceutical immediately made contact with its IP counselor, Tian Daliang, lawyer from Unitalen’s Hunan Office, who was then entrusted to lodge a complaint to Zhuzhou Administration for Industry and Commerce (AIC). Zhuzhou AIC made a decision on September 3, 2005 against Deshang Pharmaceutical’s infringement of the trademark right of Qianjin Pharmaceutical, ordering immediate cease of manufacturing and selling of “Qianjin Feminine Wash”. Deshang Pharmaceutical applied for reconsideration with the Provisional Administration for Industry and Commerce of Hunan on November 30, 2005 but the Decision was maintained. Failing to realize the infringement essence of his behavior, Deshang Pharmaceutical sued to Tianyuan People’s Court in Zhuzhou and, after losing the lawsuit, appealed to Zhuzhou Intermediate People’s Court. Nevertheless, the Court dismissed the appeal of Deshang Pharmaceutical by maintaining the first verdict. Thus, the trademark right of Qianjin Pharmaceutical was well protected.
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