2021.12.14
Recently, JunHe represented a well-known fund company to file civil lawsuits and administrative reports against two different infringers for using the client's name in their business names without authorization and for other unfair competition acts, and ultimately achieved a successful result. One of the infringers changed its business name and promised that it would not appear in the same font size as JunHe’s client’s business name. It must continuously publish a statement in newspapers to eliminate the impact of its misdeeds. The other infringer registered its company for cancellation.
Some service highlights of the JunHe team：
Our team always focuses on our clients' core commercial demands and formulates legal strategies and initiates legal actions to achieve great results. In addition to civil litigation, JunHe’s team initiated administrative reporting procedures to exert pressure on the infringers, which promoted the efficiency of the cases and enabled them to be quickly resolved.
The case involved unfair competition whereby the infringer used the client's name in their enterprise name. Since the font size in the client's enterprise name was not registered, the lawsuit could not be filed directly for the infringement of the exclusive right to use the trademark. Through careful legal research, JunHe’s team explained to the court in detail that the Anti-Unfair Competition Law prohibits the unauthorized use of other people's influential enterprise name (including the font size) in the enterprise name. The public had established an association between the client and the enterprise’s font name, and the infringer meant to confuse and play up to the client's reputation, in order to argue that the infringer's behavior objectively caused the public’s confusion and misunderstanding by identifying the infringer and the source of the financial products, and there was some confusion in the unfair competition law.
In this case, the client's registered office was in Shanghai, but the two infringing companies were registered in Shenzhen and Ningbo, which are not in the same administrative area. This made it difficult to determine the recognition of the company's name. JunHe's team simplified the case and meticulously organized the evidence relating to the client's high visibility in the national equity investment consulting industry, especially the evidence proving that although the client did not set up physical institutions in Shenzhen and Ningbo, it still attracted local media reports and publicity in those areas. It carried out business in the local area and gained achievements, received industry awards, and enjoyed high visibility in the local news and industry-related consulting reports, further proving the client's high visibility.
The leading partner of this project was QI, Da (David).
