Recently, Unitalen client Ikeda Mohando Ltd. (hereinafter referred to as "our client") won the copyright infringement and unfair competition disputes against a Chinese infringer.
Our client is a Japanese professional pharmaceutical manufacturer established over 100 years ago, which enjoys high reputation in medicines for cure of mosquito bites. Its "无比滴 (incomparable drops)" and "宝贝无比滴 (incomparable drops for baby) " products are sold in many countries and regions including mainland China mainland. The packaging of these two products are designed by a professional design company entrusted by our client, which possesses strong identification feature and of unique aesthetics. It plays an important role in promoting the sales of our client’s products.
Because of the reputation and popularity of our client’s products, some Chinese businesses produce and sell identical or similar products and imitate our client’s business name. After sending warning letters and publishing announcements with no result, our client decided to entrust us to enforce their rights through civil litigation.
Unitalen lawyers made a thorough and comprehensive study of the case, and conducted evidences collection and communication for over a year. After three hearings, the court accepted almost all of our opinions. On September 27, Unitalen received the judgment from Beijing Chaoyang District People's Court. In this 40-page Civil Judgment, the court supported our client's claims in eight areas, including:
1. Immediately from the effective date of the judgment, the entrusting party and seller of the accused products shall stop using on the package of the accused products the two artworks to which our client owns copyright;
2. From the effective date of the judgment, the seller of the accused products shall stop selling the infringing products involved;
3. From the effective date of the judgment, the entrusting party and seller of the accused products shall stop labeling the business name in imitation of our client’s business name on the package and manuals of the accused products;
4. Within 30 days from the effective date of the judgment, the entrusting party and the seller of the accused products shall change their business names with Administrative Offices for Industry and Commerce and the names after change shall not contain the words of "模范堂", which is our client’s business name in Chinese;
5. Within 30 days from the effective date of the judgment, the entrusting party, seller and manufacturer of the accused products shall publish statement on "Legal Daily" and "Guangzhou Daily" for five consecutive days, and post statement in prominent areas of Sina.com and Netease.com for 30 consecutive days to eliminate the impact caused to our clients due to the infringement act;
6. The entrusting party and seller of the accused products shall compensate our client for economic losses and reasonable expenses for a total amount of RMB 450,000 within 10 days from the effective date of the judgment, and the producer shall be jointly liable for RMB 200,000 among the total amount.
Artwork Comparison: Left - Plaintiff’s artwork / Right - Infringing product