Why Court Decision Exempts Wal-Mart From liabilities of Trademark Infringement?

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(By Luo Yanjie) Abstract: In the event that a party unknowingly sells goods that infringe upon another party’s exclusive right to use a registered trademark but can prove that it has obtained the goods lawfully and is able to identify the supplier shall not be held liable for damages. In a case that a trademark holder separately sues sellers, despite no laws requesting the manufacturers to join in the lawsuit, for the purpose of preventing contradictory judgment, the courts could notify him or her requesting joinder. It is the manufacturers that could decide whether acting as a third party to join the lawsuit.

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China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction. This dispute deserves attention and will be introduced in today’s post.

Case summary:

In 2005, Hongda and Dongfeng Hongda Auto Manufacturing (Wuhan) Co., Ltd. (“Dong Feng”) filed a lawsuit in the Beijing Higher People’s Court (the “Beijing Higher Court”), claiming that Hebei Xin Kai, Gaobeidian Xin Kai Auto Manufacturing Co., Ltd. (“Gaobeidian Xin Kai”), and Beijing Xin Sheng Bai Li Auto Trading Co., Ltd. (“Beijing Xin Sheng”) infringed their design patent. The Beijing Higher Court accepted the case.

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China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

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(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another utility model patent dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction in design patent disputes. This dispute deserves attention and concentration and will be introduced in today’s post.

Case summary:

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