Trademark case handled by Lifang elected Top Ten IP Case

2012-04-25

According to SIPO’s official website, Jiangsu Province High People’s Court published the Top Ten IP Judicial Protection Civil Cases, among which Guangzhou Kangwei Group Co., Ltd v. Lianyugang Kangmeng Trade Co., Ltd. trademark dispute case is included in the third place. Mr. Deng Yao and Mr. Deng Daiqing of Lifang’s Guangzhou Office represented Kangwai, the plaintiff that registered the trademark “Kangwei and device” and entered a Special Distribution Agreement (SDA) with the defendant in October 2009, only to find by the end of the year that the defendant was selling counterfeit KANGWEI branded products. A key point of the case was whether the infringement indemnification clause in the SDA could be admitted as the base to determine the amount of compensation. The Court found that the defendant had infringed upon the plaintiff’s exclusive rights to its trademark and that it was valid and reasonable the SDA to include a clause specifying a certain amount of indemnification by the distributor for selling counterfeit products.