Recently, Beijing IP Court (hereinafter the court) concluded a typical case in which the court made the final judgment ordering the defendant to pay a compensation of 10 million Yuan. This is the largest amount of compensation in civil trademark infringement since the establishment of the court.
The plaintiff Maco Group Co.,Ltd. (hereinafter Maco) sued Xiu Jie New Building Materials Co., Ltd. (hereinafter Xiu Jie) for infringing their right of exclusive use of registered trademark. Maco is the owner of registered mark “墙锢” covering goods of industrial adhesives, which has high reputation in the market. Maco claimed that Xiu Jie used marks of “秀洁墙锢” “易康墙锢” “兴潮墙锢” on similar products infringed their exclusive trademark to use the mark.
After examination of the evidence provided by both parties, the court found that the mark “墙锢” is not a generic name of the industry. The defendant placed the above mark in prominent location of the packing barrels as trademark, which infringed the exclusive right of Maco’s registered mark.
The court used the market as the best frame of reference to enhance the protection of intellectual property by fitting the amount of compensation into the market value of intellectual properties.
