Recently, Hangzhou Intermediate People's Court in Zhejiang Province made a first-instance judgment in a trademark infringement case relating to the mark Jaguar. The case was brought to the court by Jaguar Cars Limited Company (hereinafter refers to as Jaguar Co.), the British luxury auto maker against five local companies in Hangzhou. According to the judgment, the defendants were ordered to pay Jaguar Co. a total of 6.08 million Renminbi yuan in damages.
Before the court, Jaguar Co. alleged that early in 1992, it already obtained the trademark “JAGUAR and devices” in classes of goods similar or identical to goods sold by the defendants. The goods included but not limited to leather, garments, glasses, ties and other goods.
Since June 2007, Jaguar Co. found that goods bearing the mark “Jaguar” were sold in the market by Hangzhou JIAGE Clothing Ltd., Co. The use and sale of goods bearing Jaguar mark was not authorized, and therefore Jaguar Co. brought the case before Hangzhou Intermediate People's Court for trademark infringement and sought for a total of 6.38 million Renminbi yuan for damages. Jaguar Co. also sought for a court order that the registered website www.jaguarcn.com should be assigned to Jaguar Co.
Upon review of the case, the Court made the first-instance judgment in favor of Jaguar Co. and ruled that the 5 defendants should cease the act of infringement, change the company name, destroy the infringing goods and marks, and pay a total of 6.08 million Renminbi yuan for economic losses.
