AnJie IP Team Opens 2019 with Multiple Wins

1. Nichia Chemical Industry Co., Ltd. (“Nichia”) v. Everlight Electronics(China) Co., Ltd. (“Everlight”) on patent infringement

On January 10, 2019, the Beijing IP Court issued three judgements, holding that Everlight and its distributors have infringed our client Nichia’s patent and should pay RMB 3.2 million to Nichia as damages. This is a major case that draws the industry’s attention both domestically and internationally. The patent involved is the white LED that almost everyone is using now. Our client Nichia developed blue LED and white LED, among which the blue LED won the Nobel Prize in physics. See Nichia’s official press release on this exciting win at:http://www.nichia.co.jp/en/about_nichia/2019/2019_012801.html.

2. Nichia’s patent found valid by Beijing IP Court

After careful adjudication by a seven-member collegiate bench, the Beijing IP Court upheld the decision of the Chinese Patent Reexamination Board (PRB), confirming the validity of the white LED basic patent of Nichia, our client. The Anjie attorney team in this and above case includes He Jing, Wu Li, Wang Rui and Cao Hui.

3. Final court decision concluding invalidation of "XinPanpan" trademark

Our client “Panpan” is a famous door brand under ASSA ABLOY. It has been taking strong efforts to protect the brand's goodwill and consumer rights by resolutely cracking down on various kinds of infringements. In this case, AnJie IP team conducted in-depth investigations to prove all the bad-faith behaviors during the process of the disputed “Xin Panpan” trademark’s original application, transfer, and Zhou’s (the current owner) acquisition and use of it subsequently. On the key issue of trademark similarity, AnJie IP team worked together with a professional market research agency and prepared a detailed investigation report that provided a strong basis for the court to determine that the coexistence of the disputed “Xin Panpan” trademark and our client’s prior “Panpan”trademark would easily lead to confusion and misunderstanding by the relevant public. Finally, the Beijing Higher People's Court overturned the first-instance court judgment and concluded that the decision of the Trademark Review and Adjudication Board (TRAB) invalidating the “Xin Panpan” trademark of No. 10071538 should be maintained. This judgment is final. The Anjie attorney team members in this case include Zhao Kefeng (Steve), Lv Pei, Jiao Menghang, and Zhang Jiaxin.

4. Dulwich College Beijing v. Beijing Daxing District Dewei Public School Kindergarten on trademark infringement and unfair competition

Our client “Dulwich” is a well-known international school brand. With respect to the misuse of the “Dulwich” name by the defendant a private kindergarten in Daxing District in its publicity, the Beijing Xicheng District People’s Court held that the behavior of the kindergarten and its principals constituted unfair competition and should pay damages of RMB 500,000 to Dulwich. The main Anjie team members of the Dulwich case include Han Jinwen (Kevin), Du Xiaokuan (Simon), and Jiao Menghang.

5. Travel Sentry Inc. series civil lawsuit wins on trademark infringement

The signature Red Diamond Design trademark of Travel Sentry Inc. has been widely used on luggage locks worldwide. A security lock bearing this trademark means that customs at more than 650 airports around the world can open the luggage without causing damages during their examination. We helped TravelSentryfile multiple lawsuits against counterfeiters found in the market and received favorable judgments from Guangzhou Baiyun District Court, Liwan District Court and Yuexiu District Court. This proves the successful implementation of our client's brand protection strategy in China. The Anjie team for these cases includes Han Jinwen (Kevin), Zhao Yao and Xia Xi.