The Determination on Whether the Original Equipment Manufacturer (OEM) Performed the Duty of Due Care in An Export Trade
— Dispute over Trademark Right Infringement between China Ningbo International Cooperation Co., Ltd. and Pinghu Huayang Tourism Products Co., Ltd.
[Abstract]
As the foreign client of the Defendant owns all legal rights to the involved trademark in the destination country, and the Defendant has also reviewed the proof of the foreign client’s ownership of such trademarks, it shall be recognized that the Defendant has performed the duty of due care. Moreover, the Defendant delivered all OEM products using the trademark of a foreign trademark owner to the foreign client and did not sell such products in China. In such circumstance, no damage was caused to the Plaintiff. Therefore, the behavior of the Defendant shall not constitute a trademark infringement. However, upon termination of cooperation between the Plaintiff and the foreign trademark owner, the Plaintiff took advantage of the fact that the foreign trademark owner did not register its trademark in China to register such trademark in China, which violated the principle of good faith. The Plaintiff shall also be punished for submitting fake contracts as evidences in the trial of this case, which disrupted the trial.
[Case Review]
Plaintiff: China Ningbo International Cooperation Co., Ltd.
Defendant: Pinghu Huayang Tourism Products Co., Ltd.
