As Zhejiang Huiyu Architecture S&T Company used "慧鱼科技 and fish" logo on its product packaging, the Fischer, in 2015, Germany-based Fischewerke GMBH brought Zhejiang Huiyu Architecture S&T Company to court over trademark infringement after finding Huiyu using Fishewerke' s trademark慧鱼（fischer in German） and relevant fish-shape logo in a dominant position on the packaging of its products.
Recently, Jiangsu Higher People' s Court ordered the Zhejiang company to cease using the trademark of 慧鱼， fischer and fish-shaped logo, pay 1 million in damages and apologize in public media.
In 1996, Fischer （Taicang） Anchor Company, the first wholly owned subsidiary of Fischewerke, was established in Taicang, Jiangsu. It has registered and used 慧鱼， fischer and fish-shaped logo on its products.
Zhejiang Huiyu was founded on November 13, 2014, whose operation covered architectural materials and electronics. In March 2015, Zhejiang Huiyu and Huiyu S&T （China） Group announced that it was the only distributor established by Fischer in China. In parallel, it also published a statement on an industrial journal pronouncing that it has found products with counterfeit fish-shaped logos in China. In utter disagreement with the statement, Fischer sued the Zhejiang company to the Nanjing Intermediate People' s Court on the ground of trademark infringement and unfair competition.
The Court held that Zhejiang Huiyu' s act of using 慧鱼， fischer and the fish-shaped logo on the product had prejudiced the exclusive right of Fischer. Its announcement and statement published on the magazine could mislead consumers to recognize Fischer products as fake ones, jeopardizing the business credibility and reputation of Fishcher. Libel in business operation was constituted.
The Court also held that Fischer had been producing and distributing 慧鱼 product in China for 20 years, gaining its reputation in the process.慧鱼product and its packaging had the full-on function of distinguishing original sources after many years' use. Zhejiang Huiyu' s using of 慧鱼科技 could confuse the public and disturb the market order, thus unfair competition was constituted. So the court ordered the Zhejiang company to cease using the trademark of 慧鱼， fischer and the fish-shaped logo, pay 1 million in damages and apologize in public media. The disgruntled Zhejiang Huiyu then appealed to Jiangsu Higher People' s Court.
In November 2017, Jiangsu Higher rejected the appeal and upheld the decision made by Nanjing Intermediate Court. （by Li Qun）
（Editor Li Xingyi）
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