Thanks to wise lawsuit strategy devised by the senior attorney of Tee & Howe and active mediation of Nanjing No. 1 Intermediate People’s Court (Nanjing Court), Sika AG just came to a comprehensive settlement with the Defendants Yangzhou Xika / Yangzhou Deke, and Sika AG was awarded 1 million RMB damages in a two-year trademark infringement and unfair competition lawsuit.
Sika AG is an over-100-year-history specialty company with leading position in the development of chemistry and construction fields. It had been noted that Yangzhou Xika Glues Co., Ltd. / Yangzhou Deke Glues Co., Ltd. (Yangzhou Xika) registered Sika in Chinese as its company name and used Xika, 西卡胶业 and the misleading representations Swiss Technology, Manufactured in China in their products to mislead the public that the products were somewhat related to Sika brands in China.
To thoroughly remove all the trademark infringement and unfair competition acts of Yangzhou Xika against Sika AG, Mr. Hong ZHENG, senior attorney-at-law and partner of Tee & Howe devised a comprehensive lawsuit strategy and successfully have the civil lawsuit heard by Nanjing Court which has granted stronger IP protection among the Chinese courts in Central China. Meanwhile, Sika AG claimed a high amount of damages so that it would exert pressure on Yangzhou Xika to yield and stop all infringing acts and pay high amount of compensations to Sika AG. In addition, while initiating the lawsuit, Mr. ZHENG also had the real estate of Yangzhou Xika in an industrial park tightly preserved to ensure that the judgment of the court can be fulfilled in the end.
Through four times of court hearings and high pressure from Sika AG, Yangzhou Xika finally gave up and undertook to stop all trademark infringement and unfair competition acts against SIKA AG and pay Sika 1 million RMB. The settlement and high compensations of Yangzhou Xika sent an awing signal to other infringers against Sika AG in China. Mr. ZHENG’s wise lawsuit strategy and rich experience throughout the lawsuit have been decisively instrumental in pressing Yangzhou Xika to come to a settlement with Sika AG.
Author: Hong Zheng