April 17, 2021

On April 26, 2021, on the 21st World Intellectual Property Day, the Second Instance of Zhejiang Provincial High People's Court heard and declared the application of the first case of the Supreme People's Court's Interpretation on the Application of Punitive Damages in the Trial of Civil Cases Injury of Intellectual Property Rights (hereinafter referred to as the Judicial Interpretation of Punitive Damages). The defendant was awarded punitive damages of 30 million yuan and reasonable costs of 550,000 yuan.

"Wyeth", from the United States, is an old brand in the field of infant milk powder familiar to consumers, has existed for nearly 100 years, the United States Wyeth Company is also the trademark owner of "Wyeth", "Wyeth" and other trademarks.

Guangzhou Wyeth Company, established in 2010, has been engaged in long-term large-scale production and sales of maternal and infant care products with the logos of "Wyeth", "Wyeth Little Lion" in recent years, and registered trademarks of "Wyeth", "Wyeth" and "Wyeth" in the categories of care products and other categories by means of registration and acceptance from others. Guangzhou Wyeth also implied in its promotional activities that it was associated with Wyeth in the United States.

Wyeth and Wyeth Shanghai sued the Hangzhou Intermediate People's Court, Guangzhou Wyeth Company, Chen Zeying, Guan Xiaokun, Guangzhou Zhengai Company, Qingdao Wyeth Company and Hangzhou Xiangdi Company were jointly listed as defendants. The six defendants were required to stop trademark infringement and unfair competition, and to apply punitive damages of 30 million yuan for economic losses and 550,000 yuan for reasonable expenses.

Hangzhou then made the first-instance judgment, that the above six defendants implemented the trademark infringement behavior, Qingdao wyeth carried out ACTS of unfair competition, apply punitive damages, think infringement profit of at least 10 million, Make sure it's three times, finally a full support for wyeth, wyeth Shanghai company claims, namely the reasonable expenses compensation of 30 million yuan and 550000 yuan.

All the defendants refused to accept and appealed to the Zhejiang Provincial High People's Court. The court of second instance pronounced in court, rejected the appeal and upheld the original judgment!

Source: Zhejiang Tianping