"2022 Top 10 IP Cases" by Fujian Provincial People's Court



On April 25, the Fujian Provincial Higher People's Court held a press conference on the judicial protection of intellectual property rights, releasing the 2021 White Paper on the Judicial Protection of Intellectual Property Rights by Fujian Courts and the top ten exemplary cases of judicial protection of intellectual property rights. Among them, the case of Baidu Online Network Technology (Beijing) Co., Ltd. v. Yong'an En Dian Automobile Trade Co., Ltd. (formerly Fujian Baidu Automobile Trade Co., Ltd.) for trademark infringement and unfair competition, represented by Chang Tsi & Partners, was selected as one of the top ten exemplary cases.

Baidu Online Network Technology (Beijing) Co., Ltd. (hereinafter referred to as "Baidu") was founded in 2000. Its product, Baidu Search, is the world's largest Chinese search engine and the largest Chinese website. Baidu has registered the "Baidu" trademark series for various products and services, with the trademark number 1579950 "Baidu" being recognized as a well-known trademark by the State Administration for Industry and Commerce as early as 2008.

In October 2019, Baidu discovered that a car dealership in Yong'an, Fujian Province, had not only named its store "Baidu Auto Trade" but also used phrases like "Yong'an Baidu Automobile Service Center," "Baidu Automobile Club," and "Yong'an Baidu Automobile" on store signs, store decorations, WeChat official accounts, and employee business cards.

On January 10, 2020, Chang Tsi & Partners assisted Baidu in filing a lawsuit with the Fuzhou Intermediate People's Court. The court ruled in the first instance that the defendant must immediately cease infringing on Baidu's exclusive right to use its registered trademark, stop engaging in unfair competition, and pay a total of 800,000 yuan in economic damages and reasonable costs for rights protection.

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