Share on LinkedInShare on LinkedIn

ARTICLE · 09 JUNE 2022

[IP CHINA] Stalhwerk Case: New OEM Jurisprudence

On Jan. 4, 2022, Zhejiang High People's Court issued a new judgment, of which ruled that the plaintiff, Shenzhen Times Weike Soldering Technology Co., Ltd. ("Plaintiff"), exercised its trademark rights...

ChinaIntellectual Property

On Jan. 4, 2022, Zhejiang High People's Court issued a new judgment, of which ruled that the plaintiff, Shenzhen Times Weike Soldering Technology Co., Ltd. ("Plaintiff"), exercised its trademark rights in this case in an improper way and contrary to the principle of good faith, thus the defendant, Zhejiang Laston Technology Co., Ltd. ("Defendant"), did not infringe the exclusive right to use the disputed trademark by its OEM behavior. [Case No. (2021) Zhe Min Sheng No.4890].

In this case, Plaintiff was the Chinese trademark owner of No. 10121635 "STAHLWERK". It started a litigation against the Defendant, claiming its use of "STAHLWERK" logo in OEM behavior constituted trademark infringement. On the other side, Defendant claimed that the Plaintiff is a trademark squatter, therefore its trademark right shall not be protected. Facially speaking this case sided with the OEM party, which seemed in contrary to jurisprudence made in HONDA and DONG FENG of which the court

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from