First Instance Result of “Zhouheiya” Trademark Infringement Case

Recently, the People’s Court of Haidian District of Beijing (hereinafter referred to as Haidian court) made a first instance judgment on the case of trademark infringement between the plaintiff, Hubei Zhouheiya Food Co. Ltd. (hereinafter referred to as Zhouheiya company) and the defendant, Beijing Yongtai Huijia Commercial and Trade Center (hereinafter referred to as Yongtai Commercial and Trade Center). The court determined that Yongtai Commercial and Trade Center’s use of the “周黑鸭” (Zhouheiya) logo on its shop signboards and certificates of receipt infringed Zhouheiya company’s exclusive right to use the registered trademark. Yongtai Commercial and Trade Center was ordered to stop the infringement and compensate Zhouheiya company for economic losses and reasonable expenses of more than 30,000 Yuan.

Zhouheiya company claimed that it is a company specializing in the deep processing of marinated food, including duck, goose, duck by-products and vegetarian products. It has registered Chinese character combination trademark No.6313764 and graphic character combination trademark No.7936086 under Trademark Class 29. Yongtai Commercial and Trade Center opened shops for marinated cooked food in Haidian District of Beijing. Without the permission of Zhouheiya company, Yongtai Commercial and Trade Center used the same or similar logo to Zhouheiya company’s trademark on shop signboards and payment methods, violating the exclusive trademark right of Zhouheiya company and causing great economic losses to Zhouheiya company.

After the hearing, the court held that the “周黑鸭” (Zhouheiya) trademarks involved in the case were registered according to law and within the validity period of registration. Zhouheiya company, as the right holder of the trademark mentioned above, has the exclusive right to use the registered trademark and its right is protected by law. It also has the right to sue against any acts infringing its exclusive trademark right. Yongtai Commercial and Trade Center’s use of “周黑鸭” logo on its shop signboards and receipt certificates indicates source of the products, thus constituting trademark use.

Therefore, the court made the first instance judgment. The case is still within appeal period.

October 17, 2019

Source: epaper.iprchn.com

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