A Trademark Infringement and Unfair Competition case represented by NTD Intellectual Property was recognized by China Intellectual Property News recently as one of the 2014 Classic Cases. All the six Classic Cases grabbed the public’s high attention and have great social influence in Mainland China.
In 2008, a company incorporating the trade name 拜耳（Bayer in Chinese）was established in Luohe city, Henan Province to produce and sell veterinary medicine. The company also used “拜耳”, “拜耳药业”, and the like on its products, brochures, websites, and business cards. Bayer AG filed a civil litigation against this company, demanding immediate cease of the infringement and the damages of one million RMB.
In January 2014, Zhengzhou Intermediate People’s Court rendered a judgment, holding that the Defendant’s activities constituted both trademark infringement and unfair competition. The court ordered the Defendant to compensate Bayer AG RMB 100, 000 as damages and reasonable costs for stopping the infringement, as well as to apologize to Bayer AG publicly. The Defendant filed an appeal to Henan Higher People’s Court. In December 2014, the case was settled under the mediation of the Appellate Court. The Defendant agreed to stop all infringement and unfair competition, and also remit the damages to Bayer AG on the day both parties signed the Settlement Agreement.
The influence:★★★★
The public attention:★★★★
Comprehensive assessment:★★★★
