中文English
 Product Quality Law Cases


      Counterfeit Company’s Name, Address and Trademark

The Trademark Owner: AA Company
The Infringer: Manufacturer --- XX Toy Factory
Sellers: more than ten stands keepers at Yabao Rd., Beijing and their      warehouses; nearly 20 stores and warehouses in Guangzhou City and      their warehouses

Facts:
The AA Company is a famous toy designer, manufacturer and dealer in the world. The "Beanie Babies" series product designed and manufactured by this Company are widely welcome and surged collection fever in Europe and America owing to their unique configuration designs and exquisite technology.

The AA Company has registered for copyright for "Beanie Babies" products in the US. Ty is a registered trademark(This mark had not been registered in China at that time, so the infringing acts could not be punished based on the Trademark Law).

The AA Company found that the counterfeiting "Beanie Babies" series products were sold at wholesales or in retails in various places in China, especially in Beijing and Guangzhou areas. These imitations were rough in processing and inferior in materials selected. They offered low prices to attract customers. The imitations were even bought by foreign tourists or officials and brought back to their respective countries.

In certain case, they have even induced political dispute. It should be noted that the consumer population of these imitations was focused to infants and children. It is very important to the health of the infants and children, whether the quality of product is up to the State Standards or to the international standards.Upon examination by "Beijing Supervision and Inspection Station for Product Quality for Toys", the toys with counterfeit name of AA Company were not in conformity with the requirements of the safety standards. Thus, they were unqualified products.

The above-mentioned infringing acts seriously impaired the reputation of the nation and damaged the interests of the consumers. In the meantime, the lawful rights and interests of AA Company were encroached and the reputation and economical interests of AA Company were affected.

Therefore our Company’s agent was entrusted by AA Company to handle the case to take actions with the "Beijing Municipal Technical Supervision Bureau " and "Guangzhou Municipal Technical Supervision Bureau".

Appropriate laws:

" Law of the PRC on Anti-Unfair Competition"; "Law of the PRC on Product Quality"                      


Settlement
:
From September of 1998 to December of 1999, many actions were taken by Beijing Municipal Technical Supervision Bureau and Guangzhou Municipal Technical Supervision Bureau. Several hundred thousands of counterfeiting toys and marks were confiscated and the source of organizing imitation was destroyed.