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Offering for Sale in the Design Infringement

Offering for Sale in the Design Infringement


仲奕;刘佳殷


【全文】
  
  1. Case Introduction

  
  Court: Intermediate People''s Court of One City

  
  Plaintiff: Company A (Patentee)

  
  Defendant: Company B (Infringer)

  
  The Plaintiff claimed that: The Plaintiff, Company A is a factory specializing in the production of fabric sofa, which legally possesses a patent for design named "Y" and the patent was granted in 2004. One day in 2005, during the Plaintiff''s attandance of a furniture exhibition in City M, the fabric sofa on display of the Defendant in the exhibition room was the same as the fabric sofa protected by the patent for design of the Plaintiff. Moreover, the Defendant unfairly competed with the Plaintiff by offering to the clients at a lower price, which obviously reduced the Plaintiff''s purchase orders of the clients and severely affected the expected effect of the Plaintiff''s attendance of the exhibition. The Plaintiff claimed that the Defendant should cease production and sale of the infringing products, compensate the Plaintiff economic losses, and bear the litigation costs of this case.

  
  The Defendant argued: The very day of the Defendant''s attendance of the furniture exhibition in City M, the Defendant withdrew the display of the sofa involved in the Case immediately according to the requirement of the Association of Furniture Industries of City M. Therefore, such set of sofa wan''t sold to the customers. The Defendant doesn''t sell such set of sofa afterwards. The Defendant didn''t cause any economic loss to the Plaintiff. Hence, it requested that the Court reject the claims of the Plaintiff according to laws.

  
  Upon hearing the Case, the Court verified that: The Plaintiff legally possesses the patent for design named "Y". After the comparison between the pictures of the Defendant''s fabric sofa shown in the exhibition room shot by the Association of Furniture Industries of City M in the exhibition of this City and the one in the product picture of the patent for design of the Plaintiff, they are almost the same. The Parties concerned didn''t agree to the claimed prices of the sofas of each other and they didn''t submit any evidence materials to prove such claims.


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