Friday, September 4, 2020
Based on a report by 知识产权界, the Yaohai District Market Supervision Bureau in Hefei, China has fined Hefei Huibin Leisure Administration Co., Ltd. (合肥汇宾娱乐管理有限公司) 20 million RMB (~$2.9 million USD) for trademark infringement. Huibin ran a nightclub in a resort beneath the identify Shanghai Seaside (上海滩) and Shanghai Seaside Leisure Membership (上海滩娱乐会所) and was accused of trademark infringement for the usage of the trademark 上海滩.
On October 19, 2017 regulation enforcement officers went to Huibin to conduct an on-site inspection of its enterprise premises. The officers discovered “Shanghai Seaside Leisure Membership” and “Shanghai Seaside” was used on the premises (for instance, on the entry to the night time membership).
The Supervision Bureau discovered that Huibin had declared revenue from October 1, 2017 to March 30, 2019 was 6,578,156.76 yuan. The Bureau then requested extra proof from Huibin together with detailed info on revenue. Nonetheless, no proof was offered. Accordingly, the Bureau used the 6,578,156.76 as the bottom for calculating a positive and fined Huibin 20 million RMB as effectively ordering Huibin to stop infringing. The positive might have been even increased, as per Article 60 of the Trademark Regulation, the Bureau can positive the infringer as much as 5 instances the unlawful income generated.
Accordingly, trademark homeowners must also take into account administrative enforcement along side bringing a trademark infringement lawsuit. Administrative enforcement can yield giant fines even exceeding damages awarded in litigation as within the 31 million RMB positive towards Beijing Inventive Mackey Plus Data Consulting Co., Ltd. (北京创意麦奇佳偶信息咨询有限公司).
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