By Dang Zhe He Shijia King & Wood Mallesons’ IP group
On 30 December 2016, the KWM IP litigation team helped US Deere & Company and its Chinese subsidiary John Deere (China) Investment Co., Ltd. (“Deere China”) win at first instance a lawsuit involving trademark infringement and unfair competition. The Beijing IP Court confirmed that Deere & Company’s trademarks, “JOHN DEERE” in Classes 7 and 12, and “约翰.迪尔” in Class 7 were well-known marks It ordered the three defendants to cease infringement,, make a public statement to eliminate adverse effects, found unfair competition and awarded the plaintiff RMB 5 million in punitive damages and RMB 360,000 in reasonable expenses. On 10 January 2017, at a press release for the second anniversary of the Beijing IP Court, the case was selected as a paradigm of “strengthening judicial protection of IPRs”.
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