Case Review

Offering for Sale in the Design Infringement

Submitted by Katherine on Sat, 06/06/2009 - 20:41

Author: Zhong Yi, Liu Jiayin [Shanghai Runhe Law Firm]

1. Case Introduction

Court: Intermediate People's Court of One City

Plaintiff: Company A (Patentee)

Defendant: Company B (Infringer)

Elementary Comments On the Legal Protection of Software File Format

Submitted by Zhong Yi on Sun, 05/31/2009 - 12:24

Author: Zhong Yi, Ni Jia [Shanghai Runhe Law Firm]

1. Brief Introduction to the Case

Court of First Instance: Intermediate People's Court of One City
Court of Second Instance: High People's Court of One City
Plaintiff of the First Instance (the Appellee of the Second Instance): Company A (the Copyright Owner of JDP Software)
Defendant of the First Instance (the Appellor of the Second Instance): Company B

Recessive Reverse Passing Off in Trademark Infringements

Submitted by Zhong Yi on Thu, 05/07/2009 - 11:04

Author: Zhong Yi, Katherine Liu [ Shanghai Runhe Law Firm ]

1. Case Summary

Court: Intermediate People's Court of One City; Plaintiff: Company A (Proprietor of Trademark Y); Defendant: Company B (Infringer)

Plaintiff alleged: Defendant, Company B, purchased several old mechines of Trademark Y manufactured by Plaintiff, repaired them and sold them without attaching any mark after removing the brands, which impeded the popularity of Plaintiff's trademark from being enlarged, impacted its market shares and infringed its exclusive right of use to Trademark Y. Plaintiff pleaded the Court to adjudicate that Defendant should immediately cease its infringing acts upon Plaintiff's trademark and compensate Plaintiff relevant losses, lawyer fees, expenses for the collection of evidences, case acceptance fee and other litigation costs.

Dispute Over Stock Rights On Chinese-Foreign Joint Ventures

Submitted by Zhong Yi on Fri, 06/20/2008 - 14:30

Authored by: Zhong Yi, Attorney at Law - Shanghai Runhe Law Firm; Editor by:Corinna Qian [2007]

Case Background

First-instance court: the Higher People’s Court of Shanghai Municipality
Appeal court: the PRC Supreme People’s Court
Appellant (Defendant in the first instance): Company A
Appellee (Plaintiff in the first instance): Company B

The Retrial for the International Air Freight Dispute

Submitted by Zhong Yi on Fri, 06/20/2008 - 12:24

Authored by: Zhong Yi, Attorney at Law - Shanghai Runhe Law Firm; Editor by:Corinna Qian, Liu Fei [2007]

Case Background:

The courts:
The first instance court: The Intermediate People's Court of Huzhou City.
The second instance court: The High People's Court of Zhejiang Province.
The retrial court: The Supreme People’s Court.