The ‘WingWah’ Trademark Case: Hong Kong Wingwah is arbitrated to Compensates 17 Million Yuan
2013-October-16 Source: Newsgd.com
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On 19th Aug, the First Beijing Medium Court declared a judgment that Hong Kong Wingwah Co. and Dongguan Wingwah Co. should stop producing and selling all productions infringing the exclusive right of the ‘Wingwah’ and ‘Wingwah Mooncake’ trademark owned by Su Guohua and should compensate Su Guohua and Shunde Ronghua Co. 17 million yuan for economic loss.

In 1997, Su Guohua became the only owner of ‘Wingwah’ trademark in the mainland after he acquired the trademark from Shandong Yongle Candy Factory. In 1994, Hong Kong Wingwah Co. established Dongguan Wingwah Co. as its subsidiary in the mainland. From where Hong Kong Wingwah Co. stood, ‘Wingwah Mooncake’ should be regarded as the specific name of the famous trademark, and therefore it was entitled to use ‘Wingwah Mooncake’ in the mainland. In contrast, Shunde Ronghua argued that as it owned the rights of the ‘Wingwah’ trademark in the mainland, any third party utilizing ‘Wingwah’ on the moon cakes or other cakes without its authority constituted an infringement.

Hong Kong Wingwah Co. indicated that they would appeal to a higher court.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

Editor: Kate
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