The three parties in the Rosemount case saw eye to eye in court again. Shanghai RSMT Instrument, defendant in the first instance, appealed to the Shanghai High People's Court against,Rosemount Inc. and Beijing Far East Rosemount Instrument Co. Ltd, plaintiff in the first instance.
In November 2004, Shanghai RSMT began to register and use" 罗斯蒙特" (pronounces Rosemount ) as its trade name and manufactured and sold products identical with or similar to those of Beijing Rosemount.
later, Rosemount Inc. and Beijing Far East Rosemount Instrument Co. Ltd, jointly lodged the case before Shanghai 1st Intermediate People’s Court and argued that registration and use of the name罗斯蒙特" (pronounces Rosemount ) has constituted unfair competition and sought for court order of stopping using Rosemount or any other confusing words in the defendant's trade names. They also asked for cessation of manufacturing and distribution of infringing products and a damage of 500,000 Renminbi yuan. After examination, Shanghai No.1 Intermediate People's Court verified the evidences produced by the plaintiffs that unfair competition is constituted, and the defendant is ordered to cease use of the Rosemount trade name, to stop manufacture and distribution of relevant infringing products and to indemnify the plaintiffs 100,000 Renminbi yuan.
Comment