KSB Shanghai won the intellectual property dispute case against ‘Anhui KSB’
As the global leading brand in the field of pumps and industrial valves, KSB, with a history of more than 150 years, has entered Chinese market and also registered the trademarks ‘KSB’ and “凯士比” since 1994. However, in recent years, there have been numerous cases of unauthorized use of the "KSB" and "凯士比" trademarks or using them as corporate names.
In order to maintain KSB’s brand reputation and market order, KSB Shanghai sued the so-called Anhui KSB Pump Co., Ltd. to the court according to China's Trademark Law and Anti-unfair Competition Law in early 2021.
On November 24, 2021, the Anhui Provincial High People's Court made a final judgment, finding that the relevant actions of "Anhui KSB Pump Co., LTD." constituted trademark infringement and unfair competition, and supported all litigation claims of KSB Shanghai in accordance with the law, including the following:
- Immediately stop selling fake "KSB" and "凯士比" brand products;
- Cancel the ksbah.com website domain name;
- Change the name immediately and do not continue to use "凯士比" as the company name;
- Apologize to Shanghai KSB and eliminate the impact
- Compensate for the economic losses (including reasonable rights protection costs) caused to KSB Shanghai by infringing acts.
As the first intellectual property dispute in mainland China to be settled entirely through civil litigation channels, the court also affirmed in the judgment that the "KSB" and "凯士比" trademarks "have been widely used in the Chinese market and have formed a high popularity and influence."
Shanghai KSB solemnly states that we will continue to strengthen the protection of intellectual property rights, in view of any infringement of KSB's intellectual property rights and disruption of market order, we will protect its rights according to law and severely crack down on it.
We also take this opportunity to remind our customers, please contact authorized distributors through our official website www.ksb.com/zh-cn to buy KSB brand products, so as to avoid losing self-interests caused by fake products.
Legal tips:
"KSB" and "凯士比" are trademarks registered in China by KSB Germany. According to Article 57 of the Trademark Law of the People's Republic of China: Using a trademark that is identical with a registered trademark in connection with the same goods without the authorization of the owner of the registered trademark constitutes an infringement of the exclusive right to use a registered trademark. In addition to stopping the infringement immediately, the infringement party will also be sentenced to compensate the economic loss of the trademark owner, which may be up to 5 million yuan. Besides, the unauthorized use of others' influential company names, website domain name, and product packaging may also constitute unfair competition, will also be investigated for legal responsibility.