CALOR Sued Tongjiang Municipal Maida
2009-01-13
On April 21, 2008, CALOR (the plaintiff) brought before Ningbo Municipal Intermediate
People's Courtａlawsuit on grounds that Tongjiang Municipal Maida'er Textile Trade Co., Ltd.
infringed his patent right for design.
The plaintiff filed with the Chinese State Intellectual Property Office an application for a
patent for the design of electric steam iron on July 28, 2003, and the patent right was granted
on January 28, 2004. The patent number is ZL 03 3 55734.9. Upon the plaintiff's application,
the Ningbo customs detained 28 boxes of suspected infringing goods which were declared
export by the defendant.
After comparing the defendant's goods with the plaintiff's products incorporating the patented
design as shown in the drawings, the court asserts that they are basically identical to each other
except the shape and the number of air outlets on base plate which have little influence on the
visual effect of the electric irons. Therefore, the defendant's goods within the protection extent
of the plaintiff's patent right certainly constitute infringement.
On September 22, 2008, the court rendered a judgment: the defendant shall immediately stop
infringement and compensate for the plaintiff's economic losses of 100,000 CNY.
Copyright reserved by LLR (China) Intellectual Property Co., Ltd. (2009-01-13)