Trademark infringement of “博導集佳”(Chinese characters, a trade name) upon the trademark rights of Unitalen
October 25, 2005As one of the largest IP law firms in China, Unitalen Attorneys At Law (the “Unitalen”) has been enjoying great fame in IP profession. In China, Unitalen’s own brand “集佳(Chinese characters) + UNITALEN +Device” for its services “Legal Services; IP consulting” has been granted registration in class 42 in 2000.
Since February 2004, the date of its foundation, Beijing Bodao Jijia Trademark Agency Co., Ltd.( the “Beijing Bodao”) has been naming himself “the largest IP law firm” with “30 years of trademark examination experiences obtaining high chances of successful registrations up to 99% ” in its related advertising. By using its trade name “博導集佳”(Chinese characters) similar to Unitalen’s trademark “集佳(Chinese characters)＋UNITALEN +Device”, Beijing Bodao’s passing off has seriously infringed the trademark rights of Unitalen with ill impact on the market of the IP legal services in China.
Unitalen sued Beijing Bodao before the First Intermediate People’s Court in Beijing alleging the defendant’s trademark infringement in March 2005. Upon acceptance of the case, the court held the public hearing for trial in June 2005 and made its judgment of the first instance on September 20, 2005. The judgment ordered the Beijing Bodao to cease forthwith using the Chinese characters “集佳” in its company name and to make public announcement in the newspaper China Industry & Commerce News to clear up the ill effects for the plaintiff Unitalen for its trademark infringement. As the result of the lawsuit, Unitalen succeed in protecting its trademark rights in China.
(Note: the original Chinese name of Beijing Bodao is “北京博導集佳知識產(chǎn)權(quán)代理有限公司”, which adopts the “博導集佳”(Chinese characters) as the trade name. Beijing Bodao’s use of the said trade name in bad faith with its cheating advertisements has confused the public seriously.)
Since February 2004, the date of its foundation, Beijing Bodao Jijia Trademark Agency Co., Ltd.( the “Beijing Bodao”) has been naming himself “the largest IP law firm” with “30 years of trademark examination experiences obtaining high chances of successful registrations up to 99% ” in its related advertising. By using its trade name “博導集佳”(Chinese characters) similar to Unitalen’s trademark “集佳(Chinese characters)＋UNITALEN +Device”, Beijing Bodao’s passing off has seriously infringed the trademark rights of Unitalen with ill impact on the market of the IP legal services in China.
Unitalen sued Beijing Bodao before the First Intermediate People’s Court in Beijing alleging the defendant’s trademark infringement in March 2005. Upon acceptance of the case, the court held the public hearing for trial in June 2005 and made its judgment of the first instance on September 20, 2005. The judgment ordered the Beijing Bodao to cease forthwith using the Chinese characters “集佳” in its company name and to make public announcement in the newspaper China Industry & Commerce News to clear up the ill effects for the plaintiff Unitalen for its trademark infringement. As the result of the lawsuit, Unitalen succeed in protecting its trademark rights in China.
(Note: the original Chinese name of Beijing Bodao is “北京博導集佳知識產(chǎn)權(quán)代理有限公司”, which adopts the “博導集佳”(Chinese characters) as the trade name. Beijing Bodao’s use of the said trade name in bad faith with its cheating advertisements has confused the public seriously.)
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