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