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Sany Heavy Industry Sany Heavy Industry Co., Ltd. (SH:600031)
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Sany won the overseas trademark lawsuit against Mercedes-Benz

  • 2010.01.05

The reporter learned from Sany Heavy Industry yesterday that the High Court of London ruled on October 23 to reject Daimler-Benz's lawsuit against Sany for infringing its Trident Star trademark. Since then, the trademark battle between Sany Group and Mercedes-Benz has achieved a substantial victory. A major obstacle in the internationalization process of Sany Heavy Industry has been removed.
In 2006, Sany submitted the application for trademark registration to the United Kingdom. In the United Kingdom, Sany applied for registration of the company's graphic logo and the word "SANY" as a trademark, and the scope of the application was to use the trademark on products in classes 7 and 12 closely related to construction machinery.
Unexpectedly, Daimler AG, which owns the "Tridental Star" Mercedes-Benz trademark, objected to the registration of the Sany trademark and requested an opposition examination of the trademark. Before the opposition examination procedure was completed, Daimler even pushed Sany to the dock of the High Court in London on the grounds that the Sany trademark infringed its registered trademark rights.
"The Sany graphic trademark is similar to Mercedes-Benz's 'Trident Star' to confuse consumers; the Sany graphic trademark is suspected of infringement and counterfeiting; and the Sany trademark takes advantage of the advantages of the Mercedes-Benz brand to develop and occupy an 'unfair advantage'". The three harshly worded litigation opinions put Sany in a passive position.
Different from the three-pointed star graphic of Mercedes-Benz, Liang Wengen, chairman of Sany, explained the graphic of the Sany trademark: "The Sany graphic trademark is composed of three '1', which are like arrows from the string out of the circle, symbolizing that the enterprise will grow stronger and stronger and go to the world. Its three '1' embodies the corporate tenet of 'creating a first-class enterprise, cultivating first-class talents, and making first-class contributions'. ”
In January 2009, Daimler, who could not hold back, applied to the court for a summary judgment[1] procedure in this case, requesting a temporary injunction against the use of the Sany trademark in the UK. However, on the basis of the evidence provided by Sany, the court rejected the request on the grounds that Daimler was insufficient. The summary judgment is invalid, and the case continues to be tried using the ordinary procedures. On July 6, the case went to trial.
On October 23, the High Court of London announced the verdict, holding that Sany's "intention" to use the logo in the UK market was only because the logo was a trademark that Sany had created a long time ago and had been used by the company, and finally dismissed Daimler's infringement lawsuit.
The High Court of London also ruled that there was no sufficient evidence to show that the Trinity logo was close to the Tridental. This is an added bonus for Sany, and Daimler can no longer file a lawsuit against any EU member state on the same grounds.
At this point, the trademark battle between Sany and Mercedes-Benz in the UK has an authoritative judgment. Although the opposition examination of the registration of the Sany trademark by the UK Trade Marks Office has not yet been completed. However, Sanyi believes that the conclusion of the court testifies that the successful registration of the Sany trademark in the UK should be a matter of course.

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