LONGAN
Recently, the Guangdong Province Knowledge Economy Development Promotion Association and the Guangzhou Lawyers Association officially announced the list of “Outstanding Cases in Lingnan Intellectual Property Litigation 2024”. Five outstanding cases handled by the lawyer teams of Lawyer Wu Rangjun and Lawyer Liu Huan from Beijing Longan (Guangzhou) Law Firm were successfully selected!
Case 1:
A lawsuit filed by a cosmetics technology company in Guangzhou against a chemical product company in Liaocheng, a hygiene product company in Shandong, and Person Yang for trademark infringement.
Lawyers handling the case: Wu Rangjun, Liu Huan, Zhang Xueyun
Typical Significance:
This case involves a trademark infringement dispute in the cosmetics industry, where the trademark was first recognized as well-known. Despite losing in the first instance and facing unfavorable rulings in prior cases, the lawyers successfully argued their case in the second instance, helping the “Franceline” brand be recognized as a well-known trademark. This case sets a standard for handling similar cases and has important exemplary value.
After receiving the client’s request, the lawyers collected and organized evidence related to the brand’s popularity. They prepared evidence from various aspects such as market share, sales regions, profits, duration of trademark use, advertising or promotional activities, duration and investment in advertising, geographical scope of advertising, and market reputation. They submitted over 5,000 pages of evidence. The evidence was organized based on relevant factors in similar cases, with key points and evidence presented in a clear and organized manner. This made the evidence comprehensive and well-organized.
This case involves complex and difficult issues related to the criteria for recognizing well-known trademarks and their necessity. In particular, regarding the criteria for recognizing well-known trademarks, the lawyers provided numerous cases from lower, higher, and supreme courts in other provinces and cities, explaining the reasoning behind their decisions. This helped the judge to consider the evidence carefully and make a comprehensive decision. As a result, the Shandong Higher Court did not simply apply or understand the relevant criteria for recognizing well-known trademarks. Instead, it changed its decision in favor of our claims, providing stronger legal protection for the brand and gaining a valuable advantage in future market competition.
Case 2:
A contract dispute over computer software licensing between a network technology company in Beihai and another network technology company in Shanghai, as well as two individuals, Zhu and Wang.
Lawyers handling the case: Wu Rangjun, Yu Yao, Zhang Siqi
Typical Significance:
This case involves a contract dispute over copyright licensing in the online gaming industry. There are various forms of breach of contract, and it is difficult to prove such breaches. The disputes related to liability, expected profits, and payment arrangements are more complex than those in ordinary contract cases. The lawyers carefully analyzed the contract terms, identified the breaches, and collected evidence in a clear manner. This allowed the court to understand the entire situation clearly. Even though the plaintiff used the software for over two years, the lawyers managed to get the court to return all the payments, thereby saving the client’s losses and ensuring the client’s profits during the cooperation period.
Case 3:
A competition dispute between Shenzhen Computer System Co., Ltd. and Shenzhen Technology Co., Ltd. against Guangzhou Network Technology Co., Ltd. and Long Network.
Lawyers handling the case: Wu Rangjun, Yu Yao, Feng Huichan
Typical Significance:
This is the first case in China involving competition in the game industry related to game currency trading. It involves top domestic game companies, making it a groundbreaking case. The lawyers paid attention to communicating with the parties involved, and explained the facts and legal issues in a clear manner. They analyzed the specific trading models involved in the alleged infringement. During the trial, the lawyers demonstrated excellent legal skills and ability to adapt, clearly explaining the alleged infringement and its impact. This case has high reference value for both clients and the gaming industry.
Case 4:
A lawsuit against Wu and another person, involving network liability for damages between a company in Beijing and another company in Shenzhen.
Lawyers handling the case: Wu Rangjun, Yu Yao, Huang Yanfang
Typical Significance:
This case involves a complex issue related to protecting virtual property in accounts. The account has over 2 million followers, and the legal issues involved are very complex and controversial. The issue of who owns the rights to use the account when the user and the real person are different is highly significant. The lawyers’ ability to handle this case is highly commendable. The court basically accepted our views, and issued a injunction to prevent the defendant from acting, thereby protecting the plaintiff’s account. This is a rare case in China involving an injunction in cases related to virtual property in accounts. The lawyers’ professionalism is evident. In terms of the outcome, the lawyers prepared multiple documents and explained the facts and legal issues in a clear manner. The court basically accepted our views, and the interests of the parties were protected.
Case 5:
A lawsuit against Guangzhou Software Technology Co., Ltd. involving a contract for the use of computer software copyrights and a service contract dispute.
Lawyers handling the case: Liu Huan, Qi Lingyu, Zhai Yangyang
Typical Significance:
This case involves a contract for the use of computer software copyrights and a service contract. The software is complex, with over a thousand functions. There are many issues related to communication between the parties. The plaintiff was sued by Hangzhou Biotech Co., Ltd. The lawyers filed a counterclaim after carefully studying the case. They went to Hangzhou several times during the trial, and helped the judge understand the nature of the software. They also guided the client to demonstrate the functions of the software. After both instances of trial, the court rejected all the claims of the other party and supported our claims. The lawyers’ ability to handle this case is highly commendable. The court basically accepted our views, and the interests of the parties were protected. This case has important implications for future cases.
LONGAN
The five cases from Longan Guangzhou were selected as “Outstanding Cases in Lingnan Intellectual Property Litigation 2024”. This shows Longan Guangzhou’s excellent professional capabilities in the field of intellectual property. This honor is not only a recognition of the professional skills of the lawyer teams of Wu Rangjun and Liu Huan, but also reflects the long-term efforts of Longan Guangzhou in providing intellectual property services. In the future, Longan Guangzhou will continue to leverage its professional expertise in intellectual property, adhering to the core values of “making service a habit and excellence a belief”. This will enable them to provide better and more efficient intellectual property services to clients, helping enterprises to innovate and develop.