Nanchang Patent Lawyer A law firm that only handles patents Nanchang Trade Secret Lawyer

Nanchang Patent Lawyer is a law firm that only deals with patents. Nanchang Trade Secret Lawyer
Nanchang Patent Lawyer Consultation Hotline, patent infringement disputes continue, furniture patent war continues, Yimu was copied and reached an out-of-court settlement
Source: Shenzhen Furniture Author: Li Xiaoyuan
This article is reproduced from [China Furniture Network]: In the Internet era, patent competition will be as famous as network innovation. The British "Economist" magazine made such an assertion at the beginning of this year. The furniture patent war is in the ascendant. On the day of the year, the Intermediate People's Court of Foshan City, Guangdong Province filed a lawsuit against Party A, Huang Zhangxing, Chairman of Dongguan Haoxing Furniture Co., Ltd., against Yang Jihui (the operator of Zhengyang Furniture Factory, Chancheng District, Foshan City), Party B, and Party B's product seller Jiang Deying (i.e. Fengxue The patent product infringement case of Xuan Furniture Store operator), Liu Fu Junping, and Jing Guirong was mediated out of court, which attracted widespread attention in the industry. It is understood that the plaintiff, Dongguan Haoxing Furniture Co., Ltd., enjoys exclusive rights to three products: a dining table, a bed, and a living room cabinet (Q). The plaintiff believes that the defendants Yang Jihui (the operator of the Zhengyang Furniture Factory in Chancheng District, Foshan City), product sellers Jiang Deying (the operator of the Fengxuexuan Furniture Store), Liu Fu Junping, and Jing Guirong have sold the goods without authorization from the plaintiff. Manufacturing and selling three products (dining table, bed, and hall cabinet (Q)) in its Yimu Concept series furniture infringed the design patent rights. Its behavior seriously interfered with the normal order of competition and damaged the plaintiff's rights. The lawsuit requires the defendant to immediately stop infringing the plaintiff's design patent rights and compensate for the corresponding economic losses. In an interview with reporters, Chen Yuanchang, marketing director of Dongguan Haoxing Furniture Co., Ltd., said that in the industry, imitation of the appearance of furniture may have become commonplace. This brings a challenge to enterprises, that is: maintaining product innovation is not easy, even though we know that patented products are a magic weapon for enterprises to open the market, increase market share, and obtain considerable economic benefits. We all know that only by maintaining product innovation can we lead the development trend of the entire industry. At the same time, focusing on product innovation and patent protection is an effective means for enterprises to improve themselves and promote corporate transformation and upgrading. Applying for patent protection is not only to safeguard the company's legitimate interests, but also to be responsible to society, the furniture market, and consumers. Therefore, Haoxing has a deep understanding of applying for patent protection and paying attention to patent rights protection. In 2016, he applied for a number of product appearance patents, including: beds, wardrobes, dining tables, bookcases, and sofas. Furniture patent wars continued. The copycat case involving Yimu's concept reached an out-of-court settlement. When selling Haoxing's patented products, first of all, we are generous, but the other party goes too far. The similarity is close to 10%, and consumers cannot tell which one is genuine and which one is a copycat. Since the infringing furniture sold by the defendant is cheaper than the same furniture sold by our company, it has had a great impact on our company's sales and reputation. It is conceivable that Haoxing Company suffered serious infringement. Because the defendant had no research and development expenses, low-price dumping had a great impact on the company and caused our company to suffer great economic losses. In order to better safeguard the brand image and corporate interests, we decided to take up legal weapons to defend our rights. It is reported that the case finally established the following main rights and responsibilities: 1. Party B confirmed that the products involved in the sale of the above-mentioned Jiang Deying, Liu Fujunping, and Jing Guirong were produced and supplied by Party B. 2. Party B shall pay Party A a total of RMB 10,000 in rights protection costs and economic losses. Party A will no longer claim other rights against Party B regarding this case. 3. The expenses incurred in this case will be paid in one lump sum by cash or bank transfer on the day the two parties sign the agreement. 4. From the date of signing this agreement, Party B will immediately stop producing and selling the patented products involved (i.e. dining table, bed, and living room cabinet (Q)). 5. Party B promises that from the date of signing of this agreement, it will not establish new stores selling products of the same style as Party A within kilometers of the stores established by Party A in Guangdong Province. The established specialty stores are not allowed to sell the above three products involved in the case that are identical to Party A's patents starting from the date of year, month, year, otherwise Party B will bear the liability for breach of contract and pay Party A a liquidated damages of 10,000 yuan. 6. From the date of signing this agreement to the date of year, month and year, Party A promises to give Party B time for modification of other patented products. Party B promises that it will no longer produce or sell products that infringe Party A’s other patent rights starting from the date of yr. If Party B still refuses to withdraw within five days, Party B shall bear the liability for breach of contract and pay Party A a liquidated damages of 10,000 yuan. 7. Party B shall not sell products to Party A’s dealers. If Party A discovers that Party B sells products to Party A’s dealers, Party A shall propose to Party B in writing that Party B shall immediately stop selling to the dealer. Otherwise, Party A shall be liable for breach of contract and pay liquidated damages of 10,000 yuan. Party A may send personnel to Party B's factory to inspect the performance of this Agreement at any time within one year from the date of signing this Agreement, and Party B shall provide Party A with appropriate and feasible conveniences. 8. Regardless of whether the products of Party A and Party B have patent rights, from the date of signing of the agreement, neither party shall sell the products at low prices to each other. Party A and Party B shall respect each other, shall not maliciously slander the other party's goodwill, and shall compete fairly. .
Nanchang Trade Secret Lawyer & Consulting Hotline, Hunan Army Intellectual Property Lawyer Team, is an efficient and high-quality team led by lawyer Chen Fu that specializes in resolving various legal disputes involving intellectual property. Its business areas include patent application and layout, patent Invalidity, patent protection, trademark application and layout, trademark opposition, trademark review, trademark invalidation, trademark administrative litigation, trade secrets, intellectual property strategy, especially good at patent protection, validity, right to use, scope of claims, infringement and enforcement, Foreign patent applications, trademark layout and rights protection, etc.