Author: Ling Chuang Team - Beijing Ling Chuang Law Firm 2025-07-22 14:48:43
Beijing Ling Chuang Law Firm
February 20, 2024
Ling Chuang successfully defended the trademark rights of “雪村” (meaning snow village) for a refrigeration equipment manufacture in Zhejiang province against a copycat company that infringed the trademark right by using it as its trade name. The court ruled in favor of our client, ordering the infringing company to pay compensation and change its trade name.
As early as 2021, Ling Chuang had taken multiple legal actions to protect the “雪村” trademark. These included:
l - filing an invalidation request against the registration of “新雪村” (meaning new village) which was used to free-ride under the reputation of “雪村”;
l - submitting an opposition against the registration of “新雪村” which risked causing confusion with the “雪村” trademark;
l - initiating a lawsuit against the former Shandong Snow Village Electric Appliances Co., Ltd. for infringing on the exclusive rights of the “雪村” trademark.
Ling Chuang achieved victory in all of these actions. Recently, Ling Chuang secured another win in a “雪村” trademark infringement case, continuing its outstanding record in IP protection. After hearing the case, the local court in Shandong Province ruled that:
l - the defendant must immediately cease its infringement of the “雪村” trademark and pay the plaintiff multi-million RMB compensation;
l - another defendant was found guilty of unfair competition and ordered to immediately stop using any business name containing “雪村”.
Our take from this case:
Unauthorized use of a trade name which is previously registered trademark is considered as literally using it as a trademark, constituting trademark infringement under Article 57 of Chinese Trademark Law. The ruling upheld the basic principle in IP rights, that is, the use of any right should not conflict with the existing legitimate rights.