UNITALEN Wins Trademark DURATA Infringement Lawsuit

August 8, 2007
Recently, Changsha Intermediate People’s Court made a judgment on the trademark “DURATA” infringement case in the first instance. The plaintiff, Sichuan Huajing Guomao Industrial Co.,Ltd. represented by Unitalen won the case. The court held that the defendants, Beijing Development Imp. & Exp. Corp., Ltd. and Ningbo Guanghua Battery Co., Ltd., infringed the exclusive right of use of the trademark DURATA, and ordered the defendants to stop infringement immediately and to shoulder related responsibilities for compensation.

On October 10th, 2006, “Development” declared an export of 316,800 DURATA batteries to the Changsha customs. The batteries which were produced and delivered by “Guanghua” were ready to export to Djibouti. In accordance with the character of the trademark DURATA recorded at the Customs General, upon conducting an investigation, Changsha customs held that the batteries bearing the mark DURATA declared by “Development” are counterfeiting trademark DURATA products. On December 15, 2007, the customs made a punishment decision against “Development”, confiscating all the counterfeiting batteries and imposing a fine of RMB 22,100.

In order to crack down the infringement firmly and protect the exclusive right of use of their own trademark, on December 7th, 2006, HuaJing Company decided to entrust Unitalen to file a lawsuit before Changsha Intermediate People’s Court against “Development” and “GuangHua”. The Court finally made a ruling that the two defendants cease their act of infringement immediately and bear responsibilities for compensation.

(For more information, please contact Unitalen Attorneys at Law)

　

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