Intellectual Property Court ruled for our Client in Corporate Name Dispute

26 September 2019
Yi-An Chen
+886-2-2703-3366 ext.22
service@titanlaw.com.tw

Intellectual Property Court ruled for our Client in Corporate Name Dispute

Taiwan’s Intellectual Property Court recently ruled in favor of our client, a well-known hardware manufacturer, by a company who was spun off from our client several years ago and is in the same business over the use of a similar company name.

The court agreed that, under Taiwan’s Fair Trade Act, Trademark Act and Civil Code, the defendant’s use of a similar corporate name caused confusion in the market place, and that defendant’s behavior showed a clear intention to take advantage of the positive reputation of our client. The IP Court further held that our client’s trademark is famous, the use of a corporate name similar to our client’s famous mark also constitutes trademark infringement.

The court ordered that the defendant may not use the corporate name, and awarded our client compensation of up to One Million New Taiwan Dollars (NT$1,000,000). The defendant/director jointly liable damage

Dr. Ching-Yuan Yeh, and Ms. Jessica Chen, our managing partners, led the engagement, assisted by senior associates Ms. Ya-Ling Cheng, and Ms. Hsin-Pu Yi. Dr. Yeh has over twenty years’ experience and previously practiced at Taiwan’s Lee & Li as well as global law firm Sullivan & Cromwell LLP. Jessica Chen has over 20-year practicing experiences in public listing company, law firm and judicial institutions. She specializes in corporate law, competition law, mergers and acquisitions, telecommunications and media laws, intellectual property law, etc. Ms. Cheng worked as a legal manager in both financial institutions and general corporates, and has over 10 years litigation experience.