Author: Zhong Yi, Katherine Liu　[ Shanghai Runhe Law Firm ]

　　1.　　Case Summary

　　Court: Intermediate People''s Court of One City;　Plaintiff: Company A (Proprietor of Trademark Y);　Defendant: Company B (Infringer)

　　Plaintiff alleged: Defendant, Company B, purchased several old mechines of Trademark Y manufactured by Plaintiff, repaired them and sold them without attaching any mark after removing the brands, which impeded the popularity of Plaintiff''s trademark from being enlarged, impacted its market shares and infringed its exclusive right of use to Trademark Y. Plaintiff pleaded the Court to adjudicate that Defendant should immediately cease its infringing acts upon Plaintiff''s trademark and compensate Plaintiff relevant losses, lawyer fees, expenses for the collection of evidences, case acceptance fee and other litigation costs.

　　Defendant argued: it was engaged by the clients to repair the old machines of Trademark Y manufactured by Plaintiff and charged the repair fees accordingly. There was no sales relationship between the Clients and Defendant. The repair only refered to the act of providing labor services, which did not change the ownership of the subject matter. And it was lawful and within its business scope to repair old machines of Trademark Y, which did not infringe upon Plaintiff''s trademark rights. Defendant pleaded to the Court to reject Plaintiff''s claims.

　　Upon hearing the Case, the Court verified that Plaintiff, Company A, legally owned Trademark Y, with which Plaintiff made a nameplate fixed on the machines. Defendant had purchased the old machines of Trademark Y for several times, removing the nameplate (Trademark Y), repairing and repainting the machines and then sold them without attaching any mark. Company B admitted that it had sold 3 machines of Trademark Y in above said way, and the buyers of these 3 machines were not aware that the original manufacturer was Plaintiff, Company A. It was further verified that during the litigation, Plaintiff paid some lawyer fees and expenses for investigation and collection of evidences.