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Stationery customer products were counterfeited and a Shenzhen company was convicted of infringement

Case Introduction

Recently, our lawyer represented Shantou Xinbihe Stationery Co., Ltd. (hereinafter referred to as Xinbihe Company) in a lawsuit against Shenzhen Hongsheng Technology Co., Ltd. (hereinafter referred to as Hongsheng Company) for copyright infringement in Futian District People's Court, Shenzhen, Guangdong Province. The case has been judged, and we have received support from the court.
In 2023, Xinbihe Company obtained the copyright of multiple graphic works called the "Excellence Peak Series" and printed their designs on stationery product folders for promotion and sales. Subsequently, there were widespread infringements on the market. After investigation, it was found that the infringing folder products originated from a stationery flagship store operated by Hongsheng Company on the Pinduoduo platform. Our lawyer then filed a lawsuit on behalf of Xinbihe Company, providing a series of evidence and demanding that Hongsheng Company cease infringement and compensate for losses.
Hongsheng Company, on the other hand, argued that it had no intention of copyright infringement subjectively, and the sale of the folder on the internet involved also required official review by Pinduoduo platform. As an ordinary seller, it was not aware of the suspected infringement of the product logo involved. The evidence submitted by Xinbihe Company cannot prove that the involved logo belongs to a well-known national brand, and therefore cannot prove that its logo has high popularity and commercial value.
After the court trial, it was found that the manuscripts, original documents, and copyright registration certificates provided by Xinbihe Company regarding copyright can be used as evidence, and their copyright in the work in question should be protected by law.
However, Hongsheng Company publicly displayed and sold products with the accused infringing patterns in its Pinduoduo store without permission, and the accused infringing patterns were substantially similar to the art works that Xinbihe claimed to protect. Therefore, Hongsheng Company should bear the responsibility of stopping infringement and compensating for losses in accordance with the law. In the end, the court ruled that Hongsheng Company should immediately cease its infringing behavior and compensate Xinbihe Company with 6000 yuan.


The following is the full text of the judgment:



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