China's Supreme People's Procuratorate (SPP) has released five typical cases concerning the punishment of malicious intellectual property litigation, covering utility model patents, design patents, trademark rights, and unfair competition across multiple intellectual property domains.
Among these, the case of Shenzhen Company A v. Wenzhou Company B and its Legal Representative X for trademark infringement was selected as one of the typical examples.
Basic Facts
In April 2017, Shenzhen Company A obtained the trademark at issue, registered for use on pillows and other goods in Class 20, with a validity period through April 2027. In November 2018, Company A's entrusted representative, accompanied by a notary, visited the business premises of Wenzhou Company B as a consumer and purchased a number of latex pillows and accessories, two of which bore the trademark at issue. In May 2019, Company A filed a trademark infringement lawsuit against Company B and its legal representative X