Cui Qing's Case Ranked First Among the Top 10 Cases of Intellectual Property of Shenyang City Court in 2019

Recently, on the occasion of the 20th World Intellectual Property Day, Shenyang Intermediate People's Court released the top 10 cases of intellectual property of Shenyang City Court in 2019. The case of Shanghai Jintao Industry Co., Ltd. vs Shenyang Chengkaige Culture Media Co., Ltd. involving infringement of trademark right and unfair competition (including the application for preservation of behavior in the litigation), represented by Cui Qing's team of attorneys, was selected and ranked as the first of the top 10 cases.

The Plaintiff Shanghai Jintao Industry Co., Ltd. in the case (hereinafter referred to as Jintao) is the exclusive licensee of the No. 12369016 "hat" graphic trademark. Jintao found that the Defendant Shenyang Chengkaige Culture Media Co., Ltd. (hereinafter referred to as Chengkaige) had used "hat" graphic trademark in its "King of Party" KTV store's exterior advertisement, door plaque, WeChat account, Weibo account, etc., without authorization. After accepting the commission of Jintao, Cui Qing's team of attorneys made a lot of preparations and on-site investigation and evidence collection for the case, and according to the needs of Jintao, based on the Judicial Interpretation of the Provisions on Several Issues Concerning the Application of Law to the Examination of Behavioral Preservation Cases of Intellectual Property Disputes, which came into force on January 1, 2019, timely filed a request for the immediate cessation of the infringement of the trademark with Shenyang Intermediate People's Court. In the application, Cui Qing's team fully elaborated the facts and reasons for the urgent need to immediately stop the infringement as well as detailed evidence, which was eventually adopted by the Shenyang Intermediate People's Court. On January 25, 2019, Shenyang Intermediate People's Court issued a civil ruling in support of Jintao's application for behavioral preservation, and ruled that Chengkaige should immediately stop the infringement. After the ruling was made, Chengkaige removed the allegedly infringing advertisements and plaques on the external wall as well as deleted the infringing pictures from its WeChat and Weibo accounts. On March 6, 2019, Shenyang Intermediate People's Court issued a civil judgment ordering the defendant to immediately stop the infringement of the exclusive right to use the registered trademark and to compensate for the damages. Neither the Plaintiff nor the Defendant appealed after the judgment was made, and it has been fulfilled.

According to the information available to the public, this case is the first trademark case accepted by the court of Shenyang city to support the party's application for behavioral preservation and immediate cessation of infringement. This means that in the field of intellectual property and anti-unfair competition disputes, the infringed party can apply for behavioral preservation in a timely manner in the pre-litigation and litigation, and "instantly stop" the infringing behavior, in order to avoid suffering greater losses.