Danfoss Group Wins Final Instance of Trademark Infringement Case

Recently the Beijing Higher People's Court made the final judgment on the trademark infringement case between Danish Danfoss Group and Zibo Danfosi Control Instruments Co. Ltd. The court maintained the first instance judgment made by the Beijing 2nd Intermediate People's Court.

In 2004, Danfoss found that the defendant registered its trade name as "丹佛斯" and sold products bearing the representation of "丹佛斯" in the market, which brought damage to the reputation of Danfoss. Therefore, in April 2006 Danfoss instituted a proceeding before the Beijing 2nd Intermediate People's Court.

In response, the defendant lodged an opposition to the jurisdiction which was dismissed by the first instance court in August 2006. Then the defendant appealed to the Beijing Higher People's Court against the decision. At the end of November 2006, the appeals court maintained the decision.

On 20 December 2006, the first instance court ruled that the defendant should stop the act of trademark infringement, stop using "丹佛斯" as its trade name on the goods identical or similar to the goods covered by the trademark "丹佛斯"(No. 1048243), publish a statement on the Legal Daily to eliminate the ill effect, and compensate 170,000 RMB yuan for the plaintiff's loss and reasonable expense of the action.

Then the defendant appealed to the Beijing Higher People's Court and the court maintained the first instance judgment.