Awarded 3 million! The copycat "Sany Group" was revoked!



April 26 is World Intellectual Property Day. Recently, the Hangzhou Intermediate People's Court made a judgment, finding that Tianjin Sany Lubricating Oil Co., Ltd. (hereinafter referred to as "Sany Lubricating Oil Company") and its shareholders had infringed the legitimate rights and interests of Sany Group, such as trademark rights, and constituted unfair competition, and ordered it to change its name, stop selling infringing lubricating oil, and compensate 3 million yuan.

Copycat "Sany Lubricating Oil" infringement

In 2019, after monitoring, it was found that a company named "Tianjin Sany Lubricating Oil Co., Ltd." used the popularity of Sany Group in the field of construction machinery to produce and sell copycat lubricant products with logos such as "Sany Lubricating Oil", "Sany Petroleum", "Dingjie Sany" and "TSANYT".

After investigation, it was found that the company and its affiliates not only obtained registered trademarks such as "Sany Stone", "Dingjie Sany" and "TSANYT" through the trademark registration procedure, and obtained the product packaging copyright registration certificate, but also registered the copycat "Sany Group (China) Co., Ltd." in Hong Kong to further package the products.

As of the time of the case, the company has successively developed distributors in Zhejiang, Shaanxi and other places, and its products are sold all over the country and even many overseas countries.

Awarded 3 million! The copycat company has been revoked

Sany Group launched the rights protection procedure in 2021 and entrusted Hunan Huaxia Fangyuan Law Firm to represent the case, and recently received a favorable judgment from the Hangzhou Intermediate People's Court.

In this case, the defendant registered a trademark on the infringing product, handled the copyright registration of product packaging, and even established Sany Company in Hong Kong. Although it was legal and compliant on the surface, the court fully considered the defendant's intent to infringe and denied the intrinsic legality of the above-mentioned acts.

The judgment found that Sany Lubricating Oil Company had infringed the trademark rights and other legitimate rights and interests of Sany Group, constituting unfair competition, and jointly and severally compensated Sany Group, the right holder, 3 million yuan, while two distributors in Hangzhou were found to be infringing, and awarded 110,000 yuan, a total of 3.11 million yuan.

In addition, the State Intellectual Property Administration also determined that the application or registered trademark of Sany Lubricants Company was not approved or invalid, and the local market supervision and administration bureaus also punished the relevant infringing dealers.

It is worth mentioning that at present, the copycat "Sany Group (China) Co., Ltd." has been revoked.