British Cummins Turbine trademark infringement case concluded in Wuxi


Recently, the Intellectual Property Court of Jiangsu Wuxi Intermediate People's Court has concluded a case in which British Cummins Turbo Technology Co., Ltd. and the defendants Yang Huiwu and Sun Hao infringed trademark exclusive right disputes and legally sanctioned counterfeit trademark violations and effectively safeguarded foreign-related trademark rights. The legitimate rights and interests of the people and the lives and property of the people.

The Cummins Company of the plaintiff is a world-famous manufacturer of turbocharger production, a trademark of "Breathing Life into the Machine" and a trademark holder of "HOLSET". According to Cummins, 2% (about 30,000) of the turbochargers sold on the domestic after-sales market are fake and shoddy products, which may include impeller burst, shell cracking, chipping, fuel injection, and engine damage. It even caused traffic accidents. For this reason, Cummins Inc. set up a "Protection Committee on Intellectual Property Rights" to authorize specialized agencies worldwide to crack down on counterfeit and inferior products. In 2006, Cummins discovered that there were trademark violations in Tongtai Turbocharger Plant jointly operated by the defendants Yang Huiwu and Sun Hao, and sued Wuxi Intermediate People's Court.

After accepting the case, the Intermediate Court of the Chinese People's Court paid great attention to it and dispatched several staff members to the industrial and commercial departments to obtain relevant evidence materials. They carefully reasoned, boldly sought proof, and ruled out one by one, immediately issued the theory of infringement and counterfeiting, and finally analyzed The Tongtai Turbocharger Factory, which was jointly operated by the two defendants, produced 140 pressurizers marked “Breathing Life into the Machine” on the outside packaging box of the product and 456 pressurizers marked “HORSET” on the outside. , 79 turbocharger scrolls marked with "HOLSET" and 898 external gear boxes marked with "Breathing Life into the Machine", all of which constitute trademark infringement. The court finally ruled that defendants Yang Huiwu and Sun Hao immediately stopped production and sales of products that infringed the exclusive right to use registered trademarks and indemnified Cummins Corp. for RMB 80,000. After the verdict, both parties did not file an appeal.

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