Trademark Infringement Dispute Between Savio Macchine Tessili And Q-Savio Wuxi Textile Machinery

By Tsolmon Shar

Savio Machine Tessili S.P.A (hereinafter “Savio”) brought the lawsuit against Q-Savio Wuxi Textile Machinery Co., Ltd. (hereinafter “Q-Savio”) with the Municipal Intermediate People’s Court of Jiangsu claiming that Q-Savio illegally used Savio’s registered trademark of “SAVIO” in its brochure of “Automatic Winder” which Q-Savio distributed to the public at 2007 International Textile Machinery Exhibition and on Internet. After the Municipal People’s Court of Jiangsu held the case, Q-Savio was ordered to cease the unlawful acts and pay damages occurred to Savio.

The higher People’s Court of Jiangsu province entertained the case appealed by Q-Savio, argued that the words of SAVIO appeared on the brochures didn’t deceive the public and Q-Savio didn’t violate any laws and regulations. However, the higher People’s Court dismissed the appeal and upheld the original judgment based on following facts:

 Savio brought at court enough materials which provide evidences that Q-Savio used the related brochures and websites for its publicity purpose. The business, introduction, contact details, including IP address and phone number inserted on the brochures and websites were identical, and the major products information contained in the product introduction section were also consistence.
 Q-Savio violated the article 3 of P.R.C Regulation for the Implementation of the Trademark Law which stipulates an act of using a mark same as or similar to a registered trademark on the same types of products without the permission of the registered trademark owner constitutes trademark infringement.
 Q-Savio failed to support adequate evidences which prove the products named in its brochures manufactured by the Qingdao Hongda Textile Machinery Co., Ltd. in cooperation with Savio. Even though such information on the brochures was authentic, Q-Savio could not prove that Savio permitted Q-Savio to use the registered trademark of “SAVIO” on the products.

Mr. Edward Lehman, managing director of Lehman Lee & Xu Law Firm commented on the trademark rights enforcement in China that “combating unauthorized use of trade names does not fall within the provisions of the Chinese trademark law. Rather, trade name owners must bring a Court action under the Trademark Law and Chinese Anti-Unfair Competition Law for misuse of a trade name.” He further stated that “because of the challenges presented in attempting to combat counterfeiting and unauthorized trade name and trademark use in China, Lehman, Lee & Xu consists of trademark attorneys who have experience in dealing with these issues and taking appropriate action against infringers and counterfeiters.”

Lehman, Lee & Xu is one of top practices in Intellectual Property Law in China employing more than 250 lawyers. Lehman, Lee & Xu’s Intellectual Property team provides its clients a wide range of legal services and essential legal solutions.

To learn more about the Lehman, Lee & Xu, please visit to website: www.lehmanlaw.com
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