On December 31, 2021, in the case of trademark infringement and unfair competition between Xiaomi Technology and Shenzhen Xiaomi Trading Co., Ltd, Shenzhen Intermediate People’s Court determined that Shenzhen Xiaomi Trading Co., Ltd constituted malicious infringement, and the court applied punitive damages, awarding compensation of RMB 30 million yuan to be paid to Xiaomi Technology. In this case, Yingke Lawyer Ms Wei Wang represented Xiaomi Technology and finally won a favorable judgement for the client.
Shenzhen Xiaomi Trading Co., Ltd sold 182 types of sued products such as chargers, portable power supplies, fans, massage devices in its online shop. The product sales page is marked with “Xiaomi Digital Franchise Store”. Among them 114 types of products’ sales title is marked with “Xiaomi Digital Franchise Store”, “Xiaomi Franchise Store”, or “Xiaomi”. Thus, Xiaomi Technology sued Shenzhen Xiaomi Trading Co., Ltd to stop infringement, and claimed compensation of RMB 30 million yuan.
The court determined that Xiaomi’s trademark and brand name contributed 50% to the defendant’s profits. Therefore, the court fully supported the plaintiff’s claim of RMB 30 million yuan.
Ms Wang Wei, an equity senior partner of Yingke Law Firm Shanghai Office, represented Xiaomi Technology in this litigation and provided professional legal support to the client. Ms Wang has more than 20 years of legal practice experience in the field of intellectual property, and is good at civil and commercial intellectual property litigation. She has served large enterprises such as Sujiu Group, Xiaomi Technology and OPPO. One of the cases she participated in was rated as one of the top ten intellectual property cases in Jiangsu Province in 2018 and one of the top ten cases in Nanjing court in 2018; another was rated as one of the top ten intellectual property cases in 2019 by the People’s Court of Pudong New Area; a series of cases have been reported by the Research Office of the Supreme People’s Court and other well-known media; The “Yanghe” well-known trademark protection case was selected in the textbook of East China University of Political Science and Law.