Handling Disputes Over Trademark: Insights from the D Company vs. A Electronic Company Case
Trademarks are a cornerstone of business identity, representing the uniqueness and reputation of a company in the marketplace. Protecting these intellectual property rights is crucial, as infringement can cause significant financial and reputational damage. The case of D Company vs. A Electronic Company over trademark infringement serves as an excellent example of how businesses should respond when their trademark rights are violated.
In this article, we will explore the details of this case, the actions D Company took, and the essential steps you should follow when dealing with disputes over trademark. The article will also discuss how to protect your brand and what legal remedies are available.
Content of the Case
The dispute began on August 25, 2008, when D Company was granted a Trademark Registration Certificate by the Intellectual Property Office of Vietnam for categories 07, 09, and 11, which cover household appliances and electronics. This registration solidified D Company’s ownership of its trademark in these categories, giving it the exclusive right to use the brand name in the relevant industries.
However, on March 7, 2014, A Electronic Company was granted a Trademark Registration Certificate for their brand Asanzo®, even though they had already been using the name and trademark on their website and electronic products. D Company soon discovered that A Electronic Company had been infringing on their trademark rights and using a similar name for their own electronic goods, causing confusion in the marketplace.
In response, D Company filed a dispute over trademark infringement and submitted the case to the Court of Hochiminh City in 2008, seeking compensation for the damages caused by A Electronic Company’s unauthorized use of their brand.
What Should You Do If Your Trademark Is Infringed?
The D Company case offers a valuable lesson for any business that finds itself in a dispute over trademark infringement. If you suspect that another party is infringing upon your trademark, there are several key actions you can take to protect your rights and seek appropriate legal remedies.
1. Request a Bailiff’s Certified Report
One of the first steps you should take when preparing to handle a dispute over trademark is to gather evidence of the infringement. A reliable method is to ask a bailiff office to prepare a bailiff’s certified report. This report documents the events and behaviors related to the case and can serve as critical evidence during legal proceedings.
Under Vietnamese law, as specified in Clause 3, Article 36 of Decree No. 08/2020/ND-CP, a bailiff’s certified report is recognized as valid evidence in court hearings and other legal processes. For trademark disputes, this report can help establish the timeline and extent of the infringement, providing you with solid ground to present your case.
2. Request an Assessment of Trademark Infringement
To strengthen your dispute over trademark, you may want to request an assessment of infringement from a competent authority, such as the Institute of Intellectual Property Science. This institution is responsible for analyzing and determining whether an infringement has occurred.
Alternatively, you can seek an opinion from the National Office of Intellectual Property (NOIP), which provides expert advice on resolving trademark disputes. These professional opinions can further validate your claims and play a significant role in the court’s decision-making process.
3. Involve Competent Authorities to Address Infringement
When facing a dispute over trademark, involving the appropriate authorities is critical. Depending on the severity and nature of the infringement, you can request the intervention of agencies such as:
- Customs: To prevent counterfeit or infringing goods from entering or leaving the country.
- Market Managing Authority: To inspect and address trademark violations in the local market.
- People’s Committee: To impose administrative penalties for trademark infringement.
These authorities have the power to impose fines, confiscate counterfeit goods, and issue cease-and-desist orders to stop the infringement.
Calculating Damages in Trademark Disputes
One of the key aspects of resolving a dispute over trademark is determining the appropriate compensation for the damages caused. The compensation for trademark infringement is based on various factors, as outlined in Article 205 of the Intellectual Property Law.
The damages can include:
- Material damages: This includes the actual financial loss suffered by the plaintiff and the profit made by the defendant from the act of infringement. If the court cannot determine the exact amount of the damage, the total compensation can be decided based on the extent of the damage, but not exceeding 500 million dong.
- Spiritual damages: If the infringement has caused non-financial harm (such as damage to reputation), the plaintiff can request compensation ranging from 5 million to 50 million dong, depending on the extent of the loss.
- Legal costs: In cases where the plaintiff hires legal representation, the reasonable legal fees can also be included in the compensation.
These guidelines are essential for ensuring that plaintiffs in disputes over trademark are adequately compensated for their losses.
Other Legal Remedies for Trademark Infringement
In addition to seeking compensation for damages, there are other civil remedies available under Article 202 of the Intellectual Property Law that can help resolve a dispute over trademark. These remedies include:
- Compulsory Termination of the Infringing Acts: The court may issue an order compelling the infringer to stop using the trademark immediately.
- Compulsory Public Apology and Rectification: The infringer may be required to publicly apologize and issue corrections to restore the plaintiff’s reputation.
These remedies not only provide legal recourse for the harmed party but also serve as a deterrent to future infringers.
Conclusion: Lessons from Handling Disputes Over Trademark the D Company Case
The case between D Company and A Electronic Company highlights the importance of taking swift and decisive action in the face of a dispute over trademark. From requesting a bailiff’s certified report to involving the appropriate authorities, there are numerous steps that businesses can take to protect their trademarks and seek justice in cases of infringement.
By understanding the legal framework and available remedies, businesses can better defend their intellectual property and ensure that their brand remains protected in the competitive marketplace.
If you find yourself in a similar situation, don’t hesitate to seek professional legal advice. At Unilaw, we specialize in handling trademark disputes and can help guide you through the process of safeguarding your brand. Contact us at unilaw.vn or legal@unilaw.vn for more information.
Explore More Legal Topics
SERVICEMARK, TRADEMARK AND DOMAIN NAME ASSIGNMENT AGREEMENT
HOTEL MASTER MANAGEMENT AGREEMENT
INTERNATIONAL DISTRIBUTION AGREEMENT
AGREEMENT ON DISPUTE SETTLEMENT COURT IN VIETNAMESE LAW
GUIDE TO COMPANY NAME CHANGE PROCEDURE FOR JOINT STOCK COMPANIES – IMPORTANCE AND PROCESS
INVESTMENT IN VIETNAM: KEY INSIGHTS FOR FOREIGN INVESTORS IN 2024
EQUAL SHAREHOLDER DISPUTES IN COMPANY FORMATION: JUDGMENT COMMENTARY NO. 02/2023/KDTM-PT
THE IMPORTANCE OF LEGAL SERVICES IN INVESTMENT: LESSONS LEARNED FROM INVESTMENT DISPUTES
