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 Trademark Infringement


   Infringement of Enterprise Name and Trademark (Pebble Beach)

Trademark Owner: AA Company of the USA
Infringer: Dalian XX Group Company

Facts:

The AA Company of the USA is the proprietor and operator of the world famous Golf Course. AA Company is located in Pebble Beach, California, USA, which has been putting into operation since 1919. It is regarded as one of the three best golf courses of the world. Numerous world famous golf championships have been held at Pebble Beach, including the PGA Competition and U.S. open tournament. The Ex-President Clinton as well as most former U.S. Presidents of the past half-century has played golf at Pebble Beach. AA Company has registered a lot of trademarks for the mark of "Pebble Beach" worldwide, including U.S.A. and China.

The Requestor found that the above infringer had used an English name of "Dalian XX Pebble Beach Company" for its golf course at Dalian City, China. Furthermore, it had used the mark "Pebble Beach" as its company name, and openly used the mark in its advertising materials, company letter paper, as well as the company website.

Such use by the infringer had led the public and potential investors to believe that XX Company is somewhat associated with the AA Company, or the use of "Pebble Beach" as the name of its golf course had been authorized by the AA Company. However, this is not the case. This had made detriment to the reputation of AA Company in the public in China and abroad.

The above infringer, especially their leaders, knew surely that Pebble Beach is the trademark of a world famous golf course. During their visiting to Pebble Beach in 1994, the General Manager and other four persons had signed an agreement with the AA Company. They knew and agreed that AA Company is the proprietor of the trademark “Pebble Beach” and other related marks. They would not use AA Company's any trademark in any way.

Right after their visiting to the AA Company in 1994, the English name of their golf course had been changed to "Dalian XX Pebble Beach Company ", and the mark "Pebble Beach" had been publicly used in their advertising materials, company paper and company website. All of these are complete infringing acts for infringing the trademark right of the others which should be severely punished.

Settlement:

In despite of the infringer being an influential enterprise in Dalian, we, as the agent for AA Company, have successfully persuaded the Dalian City Administration for Industry & Commerce of Liaoning Province (Dalian AIC) to take actions for making relevant decision. See the Deposition Resolution made by Dalian AIC for the details.
 【Decision