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Chinese and foreign companies have caused complaints due to differences in the principle of trademark registration that Libang refused to lose "Shuangli"
After spending a year at Guangzhou Botny Chemical Co., Ltd., the company filed a lawsuit against Nippon Steel Co., Ltd. for trademark infringement. In September of this year, a court ruled that Nippon Steel was guilty of infringement and ordered it to compensate Botny Company 7.6 million yuan. However, Nippon Steel refused to accept the verdict and has appealed the decision to the Jiangsu Provincial High Court, seeking a reduction in the sentence. Botny Company also filed an appeal and requested that Nippon issue a public apology. This information was shared by both parties with the reporter yesterday.
It has been reported that the products involved in the infringement case are still being sold in some professional building material markets in Guangzhou. According to the production department of Nippon Company, these items were manufactured before the court’s ruling, and the Chinese characters “Yongdeli†and “Meideli†are no longer used on the products in question.
Nippon Paint, which has registered trademarks such as Matex and Vinielex abroad, entered the Chinese market in 1992. However, due to its foreign business approach of "using the trademark first," the company did not properly handle the Chinese translation of its brand names. As a result, the trademarks “Yongdeli†and “Meideli†were already registered in China. In March 1993, the Shantou Trade and Commerce Bank registered the two Chinese-character trademarks with the State Trademark Office. Later, in November 2000, Guangzhou Botny Chemical Co., Ltd. acquired the rights from Hong Kong-Hai Trading Company. These trademarks became exclusively owned by Botny. In April 2004, the National Trademark Office approved the renewal of the registration, extending the validity period to May 20, 2014.
In December last year, Botny formally sued Nippon Paint (China) Co., Ltd. and Langfang Libang Paint Co., Ltd., accusing them of trademark infringement over the use of “Yongdeli†and “Meiteli†on their products, and demanded 21 million yuan in compensation. During the trial, Nippon repeatedly argued that the English trademarks Matex and Vinilex had been used for years overseas, and that “Middleland†and “Yongdeli†were just transliterations, not direct infringements. However, according to China's Trademark Law, even if Nippon claimed that “Meideli†and “Yongdeli†were well-known brand names, they still violated legal regulations. The court ultimately ruled in favor of Botny, and Nippon was found guilty of trademark infringement.