Jan 29, 2022 | China Cartier was awarded damages for RMB 6.1 million against trademark counterfeiters

China Cartier was awarded damages for RMB 6.1 million against trademark counterfeiters

On 24 January 2022, Shanghai No. 3 Intermediate People’s Court upheld the ruling of a lower court and awarded RMB 6.1 million damages to Cartier against China trademark counterfeiters who are also sentenced to 2 years imprisonment and pay fine for RMB 200K.

Hong Kong Landmark preliminary injunction restraining passing off in mainland China by a Hong Kong infringer.

The Defendant was an ex-distributor of the Plaintiff (Child Life) in Hong Kong. They continued to operate flagship stores in e-commerce platforms in China through their Hong Kong affiliate companies after termination of the distribution agreement. The court took into consideration torts committed by the defendants in China and retrained them from passing off in China.

This decision gives the brand owners a reason to use Hong Kong as a venue for perusing infringement and passing off against infringers in Hong Kong for their infringing activities taking place in China.