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 Anti Unfair Competition


A Series of Trademark Infringement Cases with "Hong Kong Panasonic"------the Primacy of the Top Ten Typical Cases of China Which had been Investigated & Treated by the Country since "Anti Unfair Compensation Law" entered into Force.


Requestor: Matsushita Electric Industrial Co., Ltd. of Japan

Place of Investigation & Treatment:


Place of Manufacture:
Shunde City, Zhongshan City of Guangdong Province;

Place of Sale:
Chongqing, Harbin; Fuzhou City & Shishi City of Guangdong Province, Taiyuan of Shanxi Province, Ningpo of Zhejiang Province, and so on.

Facts:

Matsushita Electric Industrial Co., Ltd. of Japan (Requestor) is a famous domestic appliances manufacturer. In China, trademarks of "松下" and "Panasonic" trademarks have been recognized by the State Administration for Industry & Commerce" as an important protective trademark.

The products made by the Requestor had been put on market for a long period of time which are welcome by the broad consumers for their first-rate quality. It is a pity that a great lot of infringing acts had happened with the popularization of the products and their trademarks of the Requestor, especially for the infringement of the registered trademarks of the Requestor had brought tremendous influence on the Requestor. The Requestor found that there were infringers manufacturing and selling water heaters and gas appliance in the name of "Hong Kong Panasonic Electric Appliance" one after another. Their products had used the name of "Hong Kong Panasonic Electric Appliance International Group Company" as the manufacturer.

Furthermore, the mark "Paretionic" had been used on the products which is similar to the Requestor's mark "Panasonic" and had not been approved by the Trademark Office to register. By doing so, it is very easy for the consumers to misconstrue that the infringing products had been made by the subsidiary of the Requestor in Hong Kong or by the enterprise which had very close relations with the Requestor so that it might lead to wrongly purchase.

Therefore, the Panasonic Company entrusted our Company to make complaint to the administration for local industry & commerce (AIC) in various provinces and cities. Great support had been obtained from the AIC concerned. In addition, the State AIC gave comments and instructive opinions in its Office Meeting on this matter.
 
Settlements:
Economic Examination Division and Trademark Division of the local AIC in different places made investigation and made the following treatment to the relevant infringers respectively:

Instruct the infringers to stop immediately making, ordering, importing, selling, supplying and/or dealing with any goods with the mark of "Paretionc" or "Hong Kong Panasonic Electric Appliance" in any other way. Make report of the number of illegal products in stock according to the facts.

  • Confiscate the existing infringement goods; destroy all of the packages and instruction books of the infringement goods; destroy relevant pattern die for printing infringing marks, equipment and other tools.
  • Instruct the infringers to stop immediately using the marks and package accordingly which are identical with what of the Requestor.
  • Check the account of the infringers and the number of the illegally made products and the direction in which the illegally made products had gone.
  • Impose necessary fine on the infringers and instruct them to assure in black & white not to conduct any unfair competition act and infringe the right of the registered trademark of the Requestor.
  • The infringers should pay damage to the Requestor for making up the loss produced by the infringing acts.
This series of cases are listed on the primacy of the top ten most typical cases investigated and treated in China since the implementation of the "Anti-Unfair Competition". The website of State AIC and "China Industry & Commerce News" reported this matter for the details.
report of "China Industry & Commerce News"in Chinese >>