Recently, Lawyer Liu Huan and Lawyer Cai Mengfei, senior partners at Longan Guangzhou, successfully resolved a case involving a well-known real estate development company in Guangzhou and a local state-owned enterprise in Foshan, which involved trademark rights infringement and unfair competition. Both lawyers managed to secure a victory for their clients, and through the second-instance judgment, they received substantial compensation. On July 22, the client visited Longan Guangzhou Law Firm specifically to present a banner of gratitude to the two lawyers.

First victory: Overcoming infringement determination in the first instance, initial success in protecting rights

Although the plaintiff’s trademark had been in use for many years, its registration date was relatively recent. This provided an opportunity for the defendant, a company that simply copied well-known brands, to act against the plaintiff. This made it difficult for the plaintiff to protect her trademark rights. Lawyer Liu Huan and Lawyer Cai Mengfei spent a lot of time analyzing the usage of the trademark over more than ten years. Nearly ten people were involved in this process. They visited 5 parks to collect first-hand evidence of the trademark’s popularity. They presented various proofs of trademark usage and, considering factors such as location and design, they also introduced a innovative method for calculating exposure rates. They collected and integrated a large amount of evidence, including almost 3,000 pages of documents, with a list of evidence itself being 22 pages long and containing 14,333 words. During the trial, they used visual tools to simplify complex information, presenting comparison tables, lists of infringement acts, proofs of the plaintiff’s trademark usage, and other materials. The evidence presented was organized and clear.

Evidence materials

As mentioned earlier, the factual situation of the trademark caused certain obstacles and difficulties in determining infringement. If the basic issues were not properly handled, it could have had a irreversible impact on the legal action. To address the key issues related to intellectual property protection, Lawyer Liu Huan and Lawyer Cai Mengfei collected evidence of the client’s park brand over more than ten years from various promotion channels and platforms. They provided evidence of the trademark’s initial use and continuous use, thereby strengthening the basis for the defendant’s infringement of the trademark rights. In the end, the first-instance court determined that the defendant had committed trademark infringement.

Further progress: Second-instance court fully accepted the lawyer’s arguments, achieving a rare victory

Although the first-instance court achieved a partial victory, Lawyer Longan did not give up. Instead, they continued to work hard, maintaining professionalism and expertise. On one hand, they continued to collect evidence of continuous infringement; on the other hand, they organized the evidence into tables, charts, and other formats, making the key information more visible.

In response to the first-instance findings, Lawyer Longan focused on three key aspects in their appeal strategy:

(1) Focus on intent of infringement

The lawyers used two approaches to present evidence: one was to collect evidence of the defendant’s attempts to avoid the registered name, and the other was to collect evidence of the defendant’s continuous use of the trademark, which showed the defendant’s intent to sell the property through infringement. This helped the second-instance court understand the defendant’s malicious intent.

(2) Determining the contribution rate

The lawyers referred to several cases in the real estate industry. They argued that the compensation should be based on the “contribution rate of the trademark.” This showed that the profit from selling properties was influenced by many factors, while the trademark had a significant impact on investment decisions. In the current case, where the “contribution rate of the trademark” was low, the lawyers managed to get the second-instance court to accept the “10% contribution rate” argument, resulting in substantial compensation.

(3) Analyzing sales data

The lawyers collected data from public sources and third-party platforms to prove the defendant’s profits from sales. They also visited the sites to get firsthand information about sales. They also contacted the defendant’s staff to get actual numbers of units sold. This helped them present a comprehensive picture of the defendant’s sales, which was essential for calculating the compensation.

In the end, the second-instance court not only changed the judgment but also accepted the lawyer’s arguments, resulting in substantial compensation. In legal practice, it is rare for the second-instance court to change its judgment and increase compensation. This case shows that the court’s decision regarding “brand popularity” and “contribution rate of the trademark” is important for protecting brand trademarks in the real estate industry. It is a rare victory.

A benchmark: First victory with high compensation, further proof of professional expertise

As this was the first time a real estate company took legal action, Lawyer Liu Huan and Lawyer Cai Mengfei used solid evidence and precise legal arguments. They combined theory with practice, maximizing the client’s rights and demonstrating the professional expertise of Longan Lawyers in complex intellectual property cases.

Reputation: Client appreciation, Longan Lawyers recognized

After winning the case, Longan Lawyers contacted the client and reported the entire process.

Since taking the case, Lawyer Liu Huan and Lawyer Cai Mengfei led their team to develop a detailed plan. They provided professional and meticulous services. The client highly recognized the professionalism and dedication of the team.

On July 22, 2025, the client visited Longan Guangzhou Law Firm to present a banner of gratitude to Lawyer Liu Huan and Lawyer Cai Mengfei. In the future, the team will continue to protect brand trademarks with a focus on professionalism and detail.

This is not the first time that Lawyer Liu Huan and Lawyer Cai Mengfei have received substantial compensation for protecting brand trademarks. This team has experience in protecting brand trademarks and has won many cases. They have represented leading companies in the cosmetics, food and beverage, home furnishings, clothing, internet, games, and electronic equipment industries. They have received multiple awards from the Supreme Court and other courts. This case further strengthens their reputation.

Lawyer profile

Lawyer Liu Huan

Lawyer Liu Huan is a Master of Civil Law from Beijing University of Chinese Medicine. He is a senior partner at Longan (Guangzhou) Law Firm in Beijing. He has been a member of the 10th Guangzhou Lawyers Association’s e-sports and gaming law committee and the 11th Guangzhou Lawyers Association’s trade secrets and privacy protection law committee. He has received the “Outstanding Member” title. During his career, he has represented nearly ten thousand cases, mainly in civil and commercial and intellectual property cases. He is skilled in formulating legal strategies, managing trials, and negotiating settlements. He has extensive experience in trademark, unfair competition, patents, copyrights, computer software, trade secrets, integrated circuit layout designs, online games, corporate business, real estate, and financial lending.

He has provided legal services to many well-known companies such as Microsoft, Tencent, AutoDesk, Odubi, Dassault, LG, Ali, BSA, ViewSonic, 37% Entertainment, Jintai Technology, Sunstar, Starlight Entertainment, Huanya Group, and others. He has also provided legal services to government agencies such as the Guangdong Highway Affairs Center and the Guangdong Highway Management Bureau’s bridge and road center.

Lawyer Cai Mengfei

Lawyer Cai Mengfei is a Master of Procedural Law from Renmin University of China. She is a new talent in foreign-related law in Guangdong Province. She is a lawyer at Longan (Guangzhou) Law Firm in Beijing. She works mainly in the Guangzhou office.

Cai Mengfei has many years of experience in resolving disputes, intellectual property, and international trade. She has extensive experience in international trade and intellectual property. She is skilled in applying theoretical knowledge to practical situations and resolving complex legal issues efficiently.

Cai Mengfei has provided legal services to many well-known companies and foreign companies in China. She has handled domain name disputes, construction settlements, and trademark protection. She has also helped clients with equity investment frameworks. She has received multiple awards for her work.

Cai Mengfei is a Master of Procedural Law from Renmin University of China. She works in Chinese and English. Before joining Longan Law Firm, she worked in several leading law firms in China.