All posts by legal

With the hot competition of e-commerce, some companies use the registered trademarks of their competitors who are more famous, as the search keywords for their website. Once the user types such keywords, their website will be shown to the user via the search engine, then they can attract more clients and obtain more business opportunities. In the recent years, the trademark infringement cases related to the search keyword became more and more, such as the ‘Dazhong Banchang v. Baidu’ (the involved trademark is ‘大众搬场’), ‘Wande Information Company v. Hithink RoyalFlush Information Network Company’ (the involved trademark is ‘万得’), ‘Louvre Company…

What will be shown in your mind when ‘优盘’ was mentioned? Shenzhen Netac Company’s trademark, or a mobile storage tool? The answer is probably the latter. In fact, Shenzhen Netac Company has registered ‘优盘’as a trademark in 1999, and used it on the company’s mobile storage products. In Oct. 2002, a Beijing company applied for the revocation of this trademark with the reason that it is a generic term. The trademark bureau decided to revoke this trademark, then Beijing first medium court decided the bureau to retrial, and finally the bureau still decided to revoke it. Recent years, such dispute…

Mr. Wong paid a membership fee amount to 250,000 for a life membership of a golf course in 2011. Unexpectedly, 5 years later, the course was ordered to suspend the business due to the illegal land occupation. So Mr. Wong required the course to refund the membership fee, and the appreciation part. Finally, the court only decided the course to refund partial of the membership fee. Recent years, due to the regulations on clean up and rectify golf courses issued by the National Development and Reform Commission and other authorities, many golf courses were shut down, which are followed up…

In 2008, Company B purchased products from Company A. The price was decided in a special procedure, which said as Wong the employee of Company A provided the proposal to Jiang the employee of Company B, and Jiang submitted the proposal to the manager of Company B for the final determination. In 2010, Wong and Jiang colluded in malicious, and planned that, 1) Jiang transferred the payment paid by Company B to Company C (established by Wong and his wife Chen) instead of Company A; 2) Wong reduced the price of the products of Company A, and received payments from…

Jiang was a business receptionist. He was assigned to be on duty for 6 days during the National Day and the New Year’s Day. 1 year later, Jiang dissolved the labor contract, and requested the employer to pay the economic compensation, because he insisted that the employer had failed to pay the full amount of overtime pay. Finally the court dismissed Jiang’s complaint. A series of laws and regulations, such as the ‘Labor Law’, have stipulated that an employer shall pay for the overtime work if an employee has worked during the statutory holidays. Why the court dismissed Jiang’s complaint?…

Company A and Company B signed a contract, in which it has stipulated that B would be A’s exclusive distributor by selling A’s digital products, and B should not sell the other similar products. B promoted A’s products very well, and its sales amount was increasing step by step. Company C, the competitor of A, found B’s talent, and proposed a distribution contract with high profit to B. B accepted this proposal and signed another distribution contract with C, which said that B had to sell C ’s products. Hearing of this, A’s in-house counselor proposed to request B to…

Lee and Wang jointly assigned an agency to handle the registration procedures for the establishment of their company. Because Wang was located in the other city, the agency signed Wang’s name on the documents without authorization. 3 years later, Wang planned to transfer his equity to a third party. While handling the registration procedures for the equity transition, the registration authority rejected his application for the reason that his signature was different from the previous signatures. Wang was caught in a dilemma. A series of laws, regulations, such as the ‘Company Law’, the ‘Regulations on Administration of Registration of Companies’,…