Recently, Beijing Fengtai People’s Court made a ruling in favor of MENTUOLATUM (China) Pharmaceutical Co., Ltd.(hereinafter refers to as MENTUOLATUM Company) in a trademark dispute case. Relating to “樂敦”. The court ordered the defendant Xi’an Wanbang Biopharma Company(hereinafter refers to as Wanbang Company) to cease the manufacturing and selling of infringing products and pay 16,000 RMB yuan as reasonable cost.
MENTUOLATUM Company is a subsidiary company of Japan Rohto Pharmaceutical Company (hereinafter Rohto ) in China. In September 2006, Rohto is the owner of the mark“樂敦” which was approved for registration in 1996 and for use in class 5.
The court found that the defendant Wanbang Company not only used the words金乐敦 on its eye drops product but also distributed those products in the market bearing such words. In addition, they secretly forged the official seal of Meichen Pharma Company. MENTUOLATUM Company, as the exclusive licensee, enjoyed the exlusive right of “樂敦”“新乐敦” and “小乐敦” trademark.
In the ruling, the co-defendant Xi’an Meichen Pharma Company was exempt from the legal liabilities since it did not know Wanbang Company’s violations and has no business relationship with Wanbang Company. As MENTUOLATUM Company could not prove infringement income of the defendant, therefore, the court made the ruling that Wanbang Company should stop producing and selling infringing products, and pay the plaintiff a reasonable cost.
