Hysome Cases | Beijing Kuaishou Technology Co., Ltd. v. a Fujian company and others in a dispute over trademark infringement and unfair competition

Case description:

The plaintiff, Kuaishou Company, found that the defendant used Kuaishou Company’s product name, company name, and trademarks identical or similar to the trademarks that Kuaishou Company enjoys the exclusive right to use without authorization in the process of promoting and operating its products. The lawyer filed a lawsuit to defend the rights for Kuaishou Company.

The defendant’s infringement in this case was only discovered when a user who was deceived by the defendant and signed an agreement with the defendant reported to Kuaishou Company. The difficulty of the case is that the materials submitted by the user are incomplete and there is no original evidence, which cannot meet the authenticity and relevance standards of civil evidence. When organizing evidence, attorneys seek evidence from multiple sources so that multiple pieces of evidence can corroborate each other and meet the standard of proof with a high degree of certainty.

Finally, the Intermediate People's Court of Jinan City, Shandong Province accepted the plaintiff's evidence and determined that the defendant's behavior constituted infringement of trademark rights and unfair competition. It ruled that the defendant should bear the legal liability to apologize, compensate the plaintiff for economic losses of RMB 300,000 yuan, and reasonable expenses of RMB 15,000 yuan. The defendant then appealed, and in January 2023, the Shandong Provincial High People's Court upheld the original judgment of the first instance and rejected the appeal.