Precitec recognized by Chinese court as “well-known” brand by winning infringement and unfair competition case
Precitec Group, as a global market leader in laser material processing and optical measurement technology, legally owns the registered trademarks of “普雷茨特” and “PRECITEC” in China. Precitec Laser Technology (Shanghai) Co., Ltd. (“Our Company”) has been incorporated since June 2nd, 2005, using “普雷茨特” and “PRECITEC” as enterprise names, and specializing in research & development, manufacturing, processing and sales of products related to laser material processing and optical measurement technology.
Since Precitec entered the Chinese market, our “普雷茨特” and “PRECITEC” products (like laser cutting and welding heads) have been receiving favorable comments from the market and have a high reputation and fame. In the meantime, some competitors have involved unfair competition acts taking advantage of the popularity of our trademarks. One of these competitors is a company called Kunshan Preste Laser Technology Co., Ltd. (hereinafter as “Kunshan Preste”), which maliciously counterfeited trademarks and products similar to the “普雷茨特” and “PRECITEC” trademarks and products of Our Company. As a competing company in the same industry and in the same area, Kunshan Preste intentionally used the names of “普镭斯特” and “PRESTE” which are, in terms of not only the wording and pronunciation, but also in terms of the appearance, extremely similar to abovementioned registered trademarks owned by Our Company. They used the marks of “普镭斯特”, “PRESTE” and “Infringing Trademarks” on its laser products which fall into exactly the same category as our products. All of these acts have already been suspected of trademark infringement and unfair competition, and we have already requested the relevant government authorities to investigate. A lawsuit has hence been filed before the local court regarding the trademark infringement and unfair competition on June 27th, 2016.
Lately, after the court hearings respectively hosted by the Kunshan People’s Court (1st instance) and the Suzhou Intermediate People’s Court of Jiangsu Province (2nd instance), a final judgment has been given ruling that Kunshan Preste’s acts have constituted trademark infringement and unfair competition, and Kunshan Preste has been ordered to cease its infringement and unfair competition acts and change its company name immediately, and the new name is prevented from using “普镭斯特” any more. Further, Kunshan Preste shall pay the economic loss to Our Company as compensation and bear the court fees. Meanwhile, the legal representative of Kunshan Preste shall personally undertake the joint and several liability. Moreover, both the first and second instance court recognize that “in laser industry Precitec” is relatively well-known brand with good reputation”.
As the legal protection on intellectual property is being constantly strengthened in China, we will, by all legal means, crack down on the bad faith competitors who are taking advantage of our trademarks. In the same time, we sincerely remind our customers to recognize the trademarks of “普雷茨特” and “PRECITEC” when purchasing our laser cutting products to avoid the counterfeit products from illegal competitors. As a responsible company, here we advocate, with all market participants: Fair Competition, Integrity Business, Legal Compliance and Progress Together.
August 18th, 2017, Precitec Laser Technology (Shanghai) Co., Ltd.
The 2nd instance civil judgment of the trademark infringement and unfair competition against Kunshan Preste