Hengtai Wins Trademark Infringement Case for REHAU

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Intermediate People’s Court delivers final judgment in favor of REHAU group.

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In January of 2012, Shanghai No. 1 Intermediate People’s Court delivered the final judgment in favor of REHAU. The Court ordered Chinese infringer RUIHAO to stop infringement of REHAU Trading’s exclusive use right on trademarks “REHAU” and “REHAU” in Chinese characters and to pay compensation of RMB 380,000. (Shanghai No.1 Intermediate court (intellectual property) / Final No. 251.)

Established in 1948, REHAU group of companies is a global leading polymers supplier. REHAU group has over 170 sales companies and over 40 manufacturing factories worldwide. “REHAU Pipe” enjoys high reputation and is well known in Chinese ground heating industry. Trademark “REHAU” has been registered and gained protection in tens of countries (including China) applying at all 45 categories of commodity international classification.

REHAU Trading is one of REHAU group’s China companies. It has gained exclusive right for using the trademarks “REHAU“ and REHAU in Chinese character, in Mainland China, through License Contracts for trademarks signed with REHAU AG+CO. The License Contracts specially authorize the REHAU Trading to file claims and lawsuits with Chinese Judicial and administrative organizations.

Shanghai RUIHAO Pipelines Co was set up in March of 2007. Since its setup, it has been using marks “RUIHAO” on its heating and ventilating pipe systematic products manufactured and sold by itself and on its catalogues, name cards, packages, magazines, official WebPages, etc. Furthermore, RUIHAO hints in its catalogues and WebPages that it had Germany elements. REHAU was deeply annoyed by RUIHAO’s infringement.

Hengtai’s managing partner Edward Sun handled the litigation case personally, assisted by Louis Yang and Weibin Lu, two young IP specialists. They filed the case with Shanghai Minhang District People’s Court in April of 2011 and got a winning judgment in October. One day before the deadline of appeal period, RUIHAO appealed. Shanghai No.1 Intermediate People’s Court held court hearing and upheld Minhang District People’s Court’s judgment. The ruling also draws attention from China’s famous Trademark Weekly. (Shanghai No.1 Intermediate court (intellectual property) / Final No. 251.)

This is a great start for REHAU’s counter-fight against RUIHAO. With this victory, Hengtai’s expertise on Intellectual Property Protection area is once again evidenced.

About Hengtai Law Offices
Hengtai Law Offices was founded in 1998 and is renowned for its professionalism and down-to-earth style of work. Hengtai Law Offices was listed as one of the Prominent General Practice Law Firms in Shanghai by "China Business Law Journal" in 2010. Hengtai Law Offices’ security business ranked top 20 in 2009 and 2010 consecutively, according to "Lawfirm50". In 2011, Hengtai Law Offices was nominated Firm of the Year in Real Estate & Construction-China. Hengtai Law Offices has also been rated as an advanced law firm many times by Pudong Justice Bureau of Shanghai.

In early December, 2011, Hengtai Law Offices was admitted to International Society of Primerus Law Firms, the world’s most prestigious association of small to medium sized law firms. Primerus’s core principles “Six Pillars of Professionalism”, namely Integrity, Excellent Work Products, Reasonable Fees, Continuing Legal Education, Civility and Community Service, are accordingly incorporated into Hengtai’s existing principles.

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Derek N. Hoeft

Edward Sun
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