Case Background
Our firm represented a globally leading tool brand (Plaintiff) in a trademark infringement and unfair competition dispute against an individual Chinese business operator (Defendant). The Defendant sold counterfeit “GB”/”Mou Bo” trademarked knives in a physical store and on a website (XL Famous Knives Website). After obtaining notarized evidence of purchase, the Plaintiff sought 500,000 CNY in damages.
Case Difficulties
1. Intertwined Multiple Infringement Forms
- Physical store sales of infringing goods (6 knives purchased with notarization).
- Identical use of the “GB” logo on the website.
- Highly imitative product packaging (compared via 26 notarized photos).
2. Defenses Against Damages
- Defendant claimed “legitimate source” but failed to provide purchase documentation.
- Alleged infringing profits were only 780 CNY.
3. Dispute Over Recovery of Enforcement Costs
- Whether notarization fees and attorney fees should be included in the damage award.
Highlights of Our Services
1. Comprehensive Lockdown of Infringement
- Constructed a dual-track “physical + online” evidence chain.
√ Notarized purchase of infringing goods on October 21, 2013.
√ Notarized preservation of infringing website on October 30, 2013. - Conducted on-site presentation of confusingly similar packaging comparisons in court (26 sets of photo comparisons).
2. Overcame Legitimate Source Defense
- Cited Article 64 of the Trademark Law: Sellers must provide evidence of lawful acquisition.
- Exposed Defendant’s inability to explain the source of supply.
Case Outcome
1. Comprehensive Injunction Granted
- Ordered immediate cessation of trademark infringement and unfair competition acts.
- Ordered shutdown of the infringing website.
2. Punitive Damages Awarded
- Awarded 30,000 CNY in damages (38 times the Defendant’s self-admitted profits).
3. Procedural Costs Optimized
- Defendant ordered to bear 6% (550 CNY) of the court fees (8,800 CNY).
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