Haidian District People’s Court in Beijing recently made the first instance ruling in a trademark infringement case between Beijing Huaqi Information Digital Technology Co., Ltd,(hereinafter refers to as Huaqi Aigo) and BenQ Corporation(hereinafter BenQ). BenQ was ordered to pay Huaqi Aigo more than 500,000 RMB and immediately stop the sale of the infringing products.
On July 14, 2004, Huaqi Aigo received the trademark registration certificate from State Administration for Industry and Commerce (SAIC) and was authorized 10 years' exclusive rights for the trademark of "逍遥鼠"(the Chinese pinyin “Xiaoyaoshu” ). In April 2009, it was found that BenQ was selling products of "BenQ ME700 Wireless Xiaoyaoshu 逍遥鼠" and "BenQ ME900 Wireless Xiaoyaoshu 逍遥鼠" ,all bearing the mark 逍遥鼠.
In October 2009, Huaqi Aigo filed a lawsuit against BenQ and its seller, Beijing Yican Future Technology Co., Ltd before Beijing Haidian District People’s Court. Huaqi Aigo believed that the trademark infringement has caused huge economic losses and an order should be issued to cease the infringements and pay a compensation of 1 million RMB.
BenQ Corporation argued that trademarks used on the alleged products were "BenQ", rather than "Xiaoyaoshu 逍遥鼠". Further, BenQ enjoys a high reputation and a high market share and there is no need to use the "Xiaoyaoshu 逍遥鼠" to confuse the public. Therefore, no trademark infringement was constituted.
BenQ was not satisfied with the ruling and said that it would appeal before Beijing No. 1 Intermediate People's Court.
