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ARTICLE · 10 MARCH 2020

Applying For Injunction Orders Before Chinese Courts - A Case Study Of The Recent MGM Case

In October 2019, the Shanghai Pudong People's Court handed down judgments on the merits in two trademark infringement and unfair competition cases

ChinaLitigation, Mediation & Arbitration

In October 2019, the Shanghai Pudong People’s Court handed down judgments on the merits in two trademark infringement and unfair competition cases (see the court report under "Related Materials" in the right column), in which it sided with the plaintiffs, subsidiaries of the US entertainment company Metro-Goldwyn-Mayer Studios Inc. ("MGM"). Apart from these judgments on the merits, the court also issued two interim injunctions, per the plaintiff’s request. The interim injunctions ordered the defendant to cease any on-going infringement and to change its company name, before the judgements on the merits came into effect.

These interim injunctions are remarkable, as they substantially limit the risk and extent of further infringements, and timely protect the IP owner's rights, even if the defendant is entitled to file appeals against the judgments on the merits. The case was selected and published by the Shanghai Pudong People's Court as a notable case.

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