Regarding the specific cases of foreign-related trademark notarization, the following are some typical cases, which reflect the complexity and importance of foreign-related trademark notarization in different situations:
Case 1: Soyoda Sa.The company v. Shuyang County Endeavor Brush Factory and Shuyang COSCO Import and Export Case
The case involved trademark licensing and export**. soyoda s.a.The company registered the trademark "SOYODA" and authorized Endeavour Brush Factory to produce related products, but the products could only be exported to SOYODA Sa.Firm. Subsequently, Endeavour Brush Factory commissioned COSCO Import & Export to export paint brushes marked with the trademark "SOYODA", but did not sell them to third parties. Yu Dexin owned the trademark "SOYODA" in China and accused Endeavor Brush Factory and COSCO Import & Export of Infringing on its trademark rights. The court finally rejected Yu Dexin's claim because Endeavor Brush Factory and COSCO Import & Export Company had fulfilled the necessary examination obligations, and their actions did not constitute trademark infringement.
Case 2: Lacoste Shirt Co., Ltd. v. Jiangyin Hongxin Garment Co., Ltd
The case involved OEM and trademark infringement. Hongxin Company produced and exported men's and women's T-shirts under the commission of South Korea's Shelton Company, and used its "Lacoste" trademark without the permission of Lacoste. Since Hongxin failed to verify the authenticity of the trademark license letter provided by Shelton, the court ruled that its actions infringed the exclusive right to use the registered trademark of Lacoste, and it should bear the responsibility to stop the infringement and compensate for losses.
Case 3: Shanghai Diesel Engine Co., Ltd. v. Jiangsu Changjia Jinfeng Power Machinery Co., Ltd
This case involves the territoriality of OEM and international trademark rights. Changjia Company produces and exports diesel engines and diesel engine components under the commission of the Indonesian company Ptadiperkasabuana, using the trademark "Dongfeng", which is legally registered in Indonesia. Shangchai owns the trademark "Dongfeng" in China and accuses Changjia of infringement. Taking into account the territorial nature of the trademark right, the court held that Changjia's acts were not circulated in the domestic market in China, and did not constitute trademark use in the sense of the Trademark Law, so it did not constitute infringement.
These cases reflect the complexity of foreign-related trademark notarization in different international** environments, especially when it comes to OEM, licensing and territorial trademark rights. Each case is unique and needs to be analyzed and resolved on a case-by-case basis.
*From: Red and Blue Law Author: Qidu Notary Team.