2022.02-2023.09 Guangdong Yuanhao Law Firm | Paralegal/Intern Lawyer

2023.10-2025.11 Guangdong Yuanhao Law Firm, Salaried Lawyers.

Case Name: Dispute over Copyright Ownership and Infringement between a Brand Management Co., Ltd. and an E-commerce Firm

Basic situation: in 2019, a brand management company limited sued an e-commerce firm for infringement of the copyright of its art works, the two sides reached a settlement in the trial, an e-commerce firm promised to compensate a brand management company limited for economic losses of 200000 yuan if the infringement again. In 2021, a brand management company found that an e-commerce firm was still carrying out the same infringement, so it sued the court to ask it to compensate 200000 yuan according to the settlement agreement.

Difficulty: Can the obligee and the infringer agree in advance on the amount of compensation for re-infringement and make compensation in accordance with that agreement.

Solution: Lawyers submit typical cases to the court for reference through a large number of case searches. Sorting out the timeline of the infringer's re-infringement and giving evidence on the severity of the re-infringement.

Results: The court ruled that an e-commerce firm should compensate a brand management company limited by 200000 yuan according to the settlement agreement.

Case 2:

Attorney/Team: Attorney Mo Kaiying

Case Name: Design Patent Infringement Dispute Series

Basic information: The right holder enjoys the patent right of the design patent involved in the case, and the infringer promises to sell and sell infringing products similar to the patent involved in the case on major e-commerce platforms and offline stores, infringing the right holder's design patent right.

Difficulties: Whether the infringing product and the patent involved in the case constitute an approximation, the determination of the amount of infringement, and the determination of the producer of the infringing product.

Solution: Through professional comparison, it is argued that the infringing product is similar to the patent in question. Investigate, organize and investigate the infringement clues, fix the evidence and determine the amount of infringement.

Successful result: The court found that the infringing product was similar to the patent involved in the case, and awarded the infringer tens of thousands of yuan in compensation.

Case 3:

Attorney/Team: Attorney Mo Kaiying

Case Name: Trademark Infringement and Unfair Competition Cases

Basic information: the plaintiff, a group co., ltd., was authorized to obtain the exclusive right to use a trademark of a children's playground brand, which has a very high reputation after long-term publicity and use. The defendant, a children's growth park center, etc., prominently used the same or similar logo as the trademark involved in the case in the shop sign, decoration, advertisement and other places of the online and offline stores, and used the trademark involved in the case as the enterprise name, which constituted trademark infringement and unfair competition.

Difficulty: It is necessary to prove that the defendant's behavior constitutes trademark infringement and unfair competition, and quantify the loss.

Solution: Comprehensively collect the evidence of the defendant's online and offline use, claim that the defendant's behavior is sufficient to cause confusion to the relevant public, and claim that its existence is deliberately attached.