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“NTN Wins Fight against Fake Website”

In 2016, the NTN received customers’ complaints and found out that Shanghai Boman Company, Shanghai Sijiangli Company, and Zhang Xiangyang maliciously had the domain name ntn-sh.com registered, establishing a website by simulation of the pages in the official website of the NTN for the purpose of publicity and sales of NTN products. This fake website utilized the registered trademark NTN in a highlighted way, which caused the false recognition by the relevant public, and what’s more, misleading propaganda was done in the name of a dealer, with an intention of attaching to the business reputation of the brand NTN. Such a free-riding conduct violated the principle of honesty and credibility, constituting an infringement of the trademark of the brand NTN and an unfair competition with the NTN and greatly damaging the business reputation of the NTN, and thus the NTN filed a civil lawsuit at the People’s Court of Putuo District in Shanghai.

During first instance, it was further found that the three parties, Shanghai Boman Company, Shanghai Sijiangli Company, and Zhang Xiangyang, were closely connected with each other, together dividing their tasks and then carrying out the infringement stated above, in a planned way, and they did a joint infringement of a vile nature, on purpose and in a subjectively malicious way.

Based on the judgement given by the court of first instance, the defendants should immediately stop their trademark infringement and unfair competition, cancel the domain name involved in this case, shut down the fake website, compensate RMB 260,000 to the NTN, and make a declaration in Xinmin Evening News to eliminate the related influences.

After first instance, the defendants arrested the judgement and instituted an appeal to Shanghai Intellectual Property Court. On November 15, 2017, Shanghai Intellectual Property Court entered a judgment of second instance after it opened a court session publicly, affirming the original judgement of first instance, which required that the defendants should undertake the legal responsibilities for compensation of RMB 260,000 and elimination of related influences.

In this case, the NTN actively took judicial actions to maintain its intellectual property and insisted on severely punishing the infringers. In the future, the NTN will continue to safeguard legal rights, fight against infringers, in time disclose, report, and resist fake and infringing products, and strive to complete its own system for cracking down fake products and safeguarding legal rights, so as to provide customers with safe and secure and original products of the NTN.