In the newly published Top Ten IP Cases by Beijing High People’s Court, Bestseller Fashion (Tianjin) Co., Ltd. v. Cui Huansuo and Du Xinghua trademark infringement dispute relating to the brand JACK&JONES is recommended as a model case of trademark infringement in e-commerce. Lifang lawyers, Ms. Zhang Bin and Ms. Zhang Lei, represented the Danish client, Bestseller, winning the court’s support for all Bestseller’s claims.

This case has set up an example of cracking down trademark infringement on the Internet. First, it is a typical case where the infringer sold products bearing other’s brand on online stores after registering a domain relating to that brand. The court awarded the highest monetary amount ever known in similar actions till now. Second, it is the first judicial case where the court for the first time expressly held that providing an infringer with an infringing domain name constituted assisting the infringement and such domain owner shall bear joint and several liabilities with the actual user of the domain. The case thus set up a valuable precedence in this regard.