“ 培蒙 ” is a garment brand created on Nanjing Road, Shanghai in 1942, registered as a trademark on February 15, 1986, used for the goods “clothing” in class 25 , and with Shanghai Peimeng Garments Co., Ltd. (hereinafter referred to as “Peimeng Company” for short) as the trademark owner. This trademark has gained high reputation in Mainland China.
Since 2000, Leqing Beimeng Garments Co., Ltd. (hereinafter referred to as “Leqing Beimeng Company” for short) and Shanghai Beimeng Garments Co., Ltd. (hereinafter referred to as “Shanghai Beimeng Company”) have been using trademark “ 倍蒙 ” trademark for goods such as garments, and seriously impacted the normal operation of Peimeng Company.
In January 2005, Peimeng Company lodged a lawsuit at Shanghai Pudong New Area People's Court (referred to as “Pudong Court” for short hereinafter) against the infringement on the exclusive right of the registered trademark “ 培蒙 ” by Leqing Beimeng Company and Shanghai Beimeng Company by arguing the illegal use of the trademark “ 倍蒙 ” on the garments they produce, and entrusted attorneys Zhang Yazhou and Jiang Zaoyun from Unitalen Attorneys at Law with full authority.
Pudong Court with jurisdiction held courts to hear the case in April and June, 2005.
On July 22, 2005, Pudong Court gave the first-instance judgment, and held that Leqing Beimeng Company and Shanghai Beimeng's use of “ 倍蒙 ” trademark constitutes infringement to the exclusive right of Peimeng Company's registered trademark “ 培蒙 ”, and ordered Leqing Beimeng Company and Shanghai Beimeng to compensate Peimeng Company 300,000 yuan, and publish announcement on “Legal Daily” to eliminate negative influence on Peimeng Company. So far, the legal rights and interests of Peimeng Company have been well maintained under the joint efforts of Peimeng Company and Unitalen Attorneys at Law.
