Founded in 1983, the patentee Technogym is a world-class fitness equipment manufacturer headquartered in Italy with 14 branches around the world. The treadmill produced by it is known as the "Ferrari of fitness equipment" and is a top-notch fitness equipment. Technogym in this case as the plaintiff requested for the protection for a treadmill named "Skillmill".
Shandong Lande manufactures, sells, and promises to sell products of models "LD925-A", "LDT-925A" and those named as "925 large screen treadmill" and "925 small screen treadmill" for the purpose of production and operation, which are identical products to that in No. ZL201630060042.4 design patent of Technogym, with the overall appearance almost identical, infringing the design patent right involved.
Unitalen entrusted by Technogym filed a design patent infringement litigation against this with the Jinan Intermediate Court.
The Jinan Intermediate Court ruled that Shandong Lande should immediately stop the infringement and compensate Technogym for economic losses. Shandong Lande refused to accept the judgment of the first instance and appealed to the Shandong Higher Court. However, the appeal was rejected as the Shandong Higher Court found it invalid and upheld the judgment of the first instance.
In this case, the product of the design patent involved is treadmill, which is identical to the alleged infringing product. Judging by the knowledge of and the perception by the general consumers, there is no substantial difference in the overall appearance between the design features of the alleged infringing design and the granted design, thus similarity is constituted, falling into the protection scope of the design patent right involved. According to the second paragraph of Article 11 of the Patent Law, Lande’s manufacturing, selling, and promising to sell products that infringe Technogym’s patent rights for production and business purposes constitutes infringement of the patent rights involved and shall stop the infringement and be liable for the indemnity of the economic losses.