Case description:
The plaintiff discovered that the defendant had unreasonably used the plaintiff's registered trademark in the process of operating the software involved in the case, which infringed the plaintiff's exclusive trademark rights; furthermore, the defendant also conduct other acts such as false publicity, seriously damaging the plaintiff's goodwill and constituted unfair competition. In April 2019, the plaintiff entrusted our firm's lawyer Sun Binyan to file a rights protection lawsuit, requiring the defendant to compensate the plaintiff for economic losses of RMB 4 million yuan and other reasonable expenses for its infringement of trademark rights and unfair competition.
The focus of the dispute in this case is whether the defendant's behavior constitutes trademark infringement and unfair competition, and what legal liability the defendant shall bear.
After trial, the Haidian District People's Court in Beijing found that the defendant's acts constituted trademark infringement and unfair competition, and ordered the defendant to compensate Kuaishou Company for economic losses of RMB 1.2 million yuan and all reasonable expenses claimed by us. In July 2022, the court of second instance upheld the original judgment after a trial.
In this case, after accepting the entrustment of Kuaishou Company, the lawyers of our firm fixed the evidence of the defendant's infringement and prepared litigation materials to sue the court. During the trial, the attorney divided the defendant's specific infringement content and found the corresponding legal basis, helping Kuaishou to maximize the purpose of protecting rights in this case. While stopping the defendant's infringement, Kuaishou obtained more than RMB 1.2 million yuan of damages.