Beijing company requests PNY Technologies to stop using the mark “PNY”

Recently Beijing SuperStrong Science and Technology Co. Ltd. instituted a proceeding against American PNY Technologies, Inc., requesting PNY Technologies to immediately stop using the mark "PNY" and compensate RMB three million. The Beijing 1st Intermediate People's Court has accepted the case.

On 25 June 2003, Beijing SuperStrong filed an application for registration of the mark "PNY" (No. 3605963), covering computer's graphic card in class 9, which was granted on 21 January 2005. Now PNY Technologies has filed an application for cancellation of Beijing SuperStrong's mark "PNY," of which the use had been ceased for three consecutive years.

PNY Technologies, Inc., established in 1985, used "PNY" as its trade name and on its website. On 2 March 2005, PNY Technologies filed an application for registration of the mark "PNY" covering goods in class 9. At present PNY's application was under the procedure of trademark review after being rejected by the Trademark Office.

Investigations by Beijing SuperStrong indicated that, in August 2007, PNY Technologies started to use the mark "PNY" on many products without authorization and advertised the products with the mark on its website. According to the plaintiff, PNY Technologies also stated on its website that it enjoyed the exclusive right to use the mark "PNY." Beijing SuperStrong believed that the defendant's acts constituted trademark infringement and unfair competition.

In another case, PNY Technologies sued Beijing SuperStrong for copyright infringement and unfair competition, which has been heard at the Beijing 1st Intermediate Court on 13 May 2008.