August 15,2022

We recently received the final judgment issued by Shenzhen Intermediate People’s Court in the case of trademark infringement dispute between a famous Japanese dental trademark holder represented by BOB and Hansheng Law Offices and a defendant in Shenzhen. The defendant was ordered to pay damages of 3 million yuan (the full amount of the right holder’s claim) and to publish a statement in the official newspaper of the place where the infringement was committed in order to eliminate the adverse effects caused to the right holder by its infringement.

In this case, the court of first instance only awarded a compensation of 150,000 yuan. We believed that the compensation was too low and suggested that the client file an appeal. In the second trial, our attorney’s claim was fully supported by the court, resulting in an increase in damages to 20 times the amount awarded in the first trial!

 

The case summary is as follows：

Product Dental Products
Right holder Japanese Company
Infringer Company A, Shenzhen City, Guangdong Province
Forms of infringement Trademark infringement
Jurisdictional Court [First Instance]

People’s Court in Longgang District, Shenzhen Province

 

[Second instance]

Shenzhen Intermediate People’s Court
Contents of the judgment (summary) 1.        Compensation for damages of 3 million yuan

2.        2. Publish an apology in the newspaper and eliminate the influence
Time required About 2 years from the first instance prosecution to the second instance judgment