The first case of industrial design infringement in China adjudged

Huaqi v. BenQ Corporation trademark infringement case was lately adjudged, and BenQ Corporation was asked to compensate Huaqi, the owner of Aigo brand, over 500,000 yuan and immediately stop the sale of the trademark infringing products.

On July 14, 2004, Huaqi Aigo got the trademark registration certificate from State Administration for Industry and Commerce (SAIC) and was authorized 10 years' exclusive rights for the trademark of "Xiaoyaoshu". However, in April this year, mouse with trademarks of "BenQ ME700 Wireless Xiaoyaoshu" and "BenQ ME900 Wireless Xiaoyaoshu" were sold in market and on Internet.

In October this year, Huaqi Aigo filed a lawsuit against BenQ Corporation and its seller, Beijing Yican Future Technology Co., Ltd in Beijing Haidian District Court. Huaqi believed that the two companies' infringements caused huge economic losses and required them to immediately stop infringements and compensate 1 million yuan.

However, BenQ Corporation said trademarks used by the two mouse was "BenQ", rather than "Xiaoyaoshu", and as the legal authorized user by BenQ Corporation, BenQ has no need to use the "Xiaoyaoshu" to make confusion or misunderstanding; meanwhile, BenQ Corporation has its own distribution net and didn't infringe registered trademarks.

On December 15, Huaqi Aigo showed the judgment of first instance, in which BenQ Corporation was asked to stop the infringements and the distribution of the above two products on the Internet and through other channels, and compensate Huaqi 515,180 yuan; Beijing Yican Future Technology Co., Ltd was asked to immediately stop the distribution of the ME700 Wireless Xiaoyaoshu mouse; other claims of Huaqi against the two defendants were rejected.

BenQ Corporation said in the mail to reporters that it is to appeal to Beijing No. 1 Intermediate People's Court. [Chinese version is available on Beijing Times]