- within Intellectual Property topic(s)
- with readers working within the Accounting & Consultancy and Law Firm industries
- within Intellectual Property, Technology and Antitrust/Competition Law topic(s)
- with Inhouse Counsel
Case Background
While monitoring the market for potential IP infringements, we discovered a company that had unlawfully adopted our client Carrier's registered trademark "开利" (Carrier in Chinese) as its own company name. Further investigation revealed that the company was also using the name "Carrier HVAC 开利暖通" to promote its services. This conduct not only infringed Carrier's trademark rights in China, but also amounted to unfair competition and the misappropriation of the trade name of Carrier and its affiliate in China.
Our Actions
Upon receiving the client's instructions, we first notarized the online infringement evidence to ensure its authenticity and preserve it for potential legal proceedings. We then issued a Cease & Desist Letter to the infringing company, demanding the cessation of all infringing activities and the removal of the infringing company name.
While the company agreed to remove the infringing content from its website, it refused to change its company name. To prevent further harm to Carrier's rights, we filed an administrative complaint with the local Administration for Market Regulation (AMR), relying both on Carrier's trademark rights and the trade name rights of its local affiliate. Our complaint was accompanied by a comprehensive evidentiary package, including detailed references to applicable laws and regulations, and requested that AMR take swift action to stop the infringement—both online and offline—and mandate a name change.
Outcome
After thoroughly reviewing our materials, the AMR found our complaint well-founded and ordered the target to change their infringing company name immediately.
Shortly thereafter, the company published a deregistration announcement. One month later, its registration status officially changed to "deregistered", making the permanent cessation of the use of the infringing company name.
Key Takeaways
In our daily enforcement practice, we usually recommend that clients adopt a variety of protective measures to address infringements, gradually escalating legal actions as needed. The choice of enforcement method depends on the severity of the infringement—litigation is not always necessary for every infringing party. Administrative complaints can be particularly effective in cases involving disputes between trademark rights and enterprise names. Administrative complaints can be particularly effective in cases involving disputes between trademark rights and enterprise names.
With over 20 years of enforcement experience, our firm has established smooth and efficient communication channels with AMR offices and the police in various regions, enabling us to submit the suitable complaints to safeguard our clients' rights efficiently.
In recognition of AMR's efficient enforcement action, we presented a commemorative banner to the AMR expressing our sincere appreciation. Please see the picture below.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
