On December 25, 2020, Hangzhou Intermediate People's Court
ruled in Zhejiang province's first IP case with punitive
damages.
Wyeth LLC and Wyeth Shanghai sued six companies including
Guangzhou Wyeth Baby Products Ltd. and Qingdao Wyeth Baby Products
Ltd. for trademark infringement and unfair competition.
The Court determined that the six defendants used the
"惠氏", "Wyeth" and "Wyeth
Little Lion" logos on the infringing products, product
packaging and brochures they produced and sold, and publicized them
on the website and infringed upon the exclusive rights of
Wyeth's "惠氏" and "Wyeth"
trademarks. The court also determined that the use of
"Wyeth" in the business name of Qingdao Wyeth Baby
Products Ltd. constitutes unfair competition.
In addition to granting permanent injunction, the court found
willful infringement, decided that triple damages should apply and
awarded a total damage of RMB 30 million (USD 4.63 million) and RMB
550,000 (USD85,000) for reasonable expenses. The court also ordered
Qingdao Wyeth Baby Products Ltd. to change its business name and
stop using “Wyeth” therein.
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