Recently, Liu Shen represented a well-known U.S. metal products enterprise in litigation against a domestic counterfeiting entity for trademark infringement and unfair competition. The Zhoukou Intermediate People’s Court of Henan Province rendered the second-instance judgment, granting the client a full victory. The second-instance judgment upheld the first-instance finding of established trademark infringement, reversed the first-instance ruling on unfair competition, and confirmed that the respondent (the first-instance defendant) constituted unfair competition by adopting the relevant enterprise trade name, ordering it to cease use of such enterprise name.

The plaintiff in this case is an internationally renowned metal products enterprise. Thanks to its highly reputed trademarks and high-quality products, the plaintiff has long been targeted by numerous counterfeiters in China. The defendant not only counterfeited the plaintiff’s trademarks, but also adopted the plaintiff’s former Chinese translated name as its enterprise trade name and comprehensively imitated the plaintiff, aiming to cause market confusion among consumers. The second-instance victory further strengthens the protection of the client’s trademarks and enterprise name, and cracks down on the infringer’s improper free-riding conduct.

The case was handled by Liu Shen attorneys YUAN Yuan and ZHENG Peng. The legal team carefully sorted out the complex facts of the case, conducted in-depth and detailed investigation into the defendant’s malicious intent and various infringing acts. With profound and professional legal expertise, the team successfully reversed the adverse first-instance conclusion which declined to uphold unfair competition based on the defendant’s enterprise name. Liu Shen’s litigation team will continue to safeguard clients’ legitimate rights and interests by delivering professional and high-quality intellectual property legal services.