The Fengtai District People's Court (Beijing) entered the first-instance judgment on trademark infringement recently, ordering defendant Beijing DachangmianTrading Co., Ltd (Dachangmian) to cease infringement and indemnify 30,000 yuan in damages to Xianmen Luwanda Industrial Development Co., Ltd (Luwanda).

After discovering counterfeit PORTS eyeglasses for sale by Dachangmian, the plaintiff claimed that the defendant took advantage of PORTS' reputation to harvest inequitable interests which generated ill impact on its trademark.

Ports International Inc. obtained the the NO. 1135468 trademark PORTS' in December 1997, certified to be used in Class 9, the good of eyeglasses.The plaintiff was authorized to use the trademark and take suitable legal action against infringement.

The court held that the eyeglasses sold in Dachangmian used a logo combining "EYEWEAR"and "PORTS". However, "PORTS" was similar with the NO.1135468 trademark obtained by Ports International Inc. in words arrangement which would cause public confusion. Such acts infringed PORTS' trademark rights. So ordered.

(China IP News)