On April 2, 2011, Honeywell, a high-tech company ranked in the Fortune 100, recently won an infringement case against its famous turbocharger brand, Garrett Garrett, and stopped all counterfeiters in the product. Various infringements in trademarks, business names, and domain names not only safeguard the brand's reputation, but also protect the fundamental interests of customers.
After more than one year's trial, Shanghai Huangpu District People's Court recently infringed on its trademark by Shanghai Galile Turbo Systems Co., Ltd. (hereinafter referred to as the Garrett Company) filed by Honeywell International Co., Ltd. and Tong Yuwei and Han Song. In the case of exclusive rights and unfair competition disputes, the first instance verdict was issued, and the three defendants were ordered to immediately stop the infringement of the “GARRETT†and “Garrett Garrett†trademarks, and to compensate Honeywell’s economic losses totaling RMB 500,000. In addition, the court also ordered Garrett to stop using the domain name and change its corporate name so that it could not contain "Gallette" text.
The biggest highlight of this case is that Honeywell’s lawsuit requests received full support in the judgment, and all-round infringements of the infringers’ various trademark infringements, product names, and domain names. At the same time, the total amount of compensation of 500,000 yuan is the highest standard of the amount of statutory damages currently stipulated by the Trademark Law, and it is the highest amount that Honeywell has ever won in the trademark infringement cases in mainland China.
Honeywell's "Garrett Garrett" car turbocharger is used as a trademark by founder Cliff Garrett's name "Garrett" and its history can be traced back to 1936. After more than 70 years of development, "Garrett Garrett" has now become a world-famous turbocharger brand with a daily production capacity of more than 30,000 units, providing high-quality products to more than 80 engine plants and OEMs worldwide. At the same time improve the environmental protection effect. At present, "Garrett" trademark has been registered in more than 40 countries around the world and is a prestigious international trademark.
"Gallette" fully infringed on Honeywell's trademark "Garrett Garrett" through various methods with full knowledge. From 2005 to 2008, despite repeated investigations by the industry and commerce department, it continued to change. The method continues to infringe on the registered trademark rights of "GARRETT" and "Garrett Garrett." In order to cover up the fact of infringement, "Gallette" even applied for the registration of the Chinese "Gallette" trademark, the English "Gerritt" trademark and the "Gerritt Gellette" and graphic combination trademark, and also used the domain name in commercial activities. The “legitimate jacket†conceals the essence of its trademark infringement and unfair competition, causing consumers to misidentify the “Gerritt Gellette†turbocharger as a world-renowned “Garrett Garrett†automobile turbocharger. Pressure device.
"All forms of intellectual property including patents, trademarks, copyrights and trade secrets help us maintain our competitive advantage in the market. Our products meet stringent quality control standards. Customers from all over the world have already put Honeywell's name on it. We are associating with trademarks and innovative, high-quality products,†said Mr. Shen Dali, President and CEO of Honeywell China and India. “We thank local industrial and commercial authorities and the Huangpu District Court for their actions in this case and the This case shows that the Chinese government’s determination to combat intellectual property infringements also gives us confidence in the long-term development in China. We will continue to work closely with government agencies to protect our customers, employees, reputations and companies. Free from the threats and damages caused by any illegal behavior of infringing intellectual property rights."
With the continuous improvement of consumer brand awareness and the government’s increasing emphasis on creating an innovative environment, intellectual property protection is receiving more and more attention. In January of this year, Honeywell assisted Shanghai Putuo District Trade and Industry Bureau to investigate the sale of counterfeit "Genetron" (a famous brand of Honeywell's refrigerants) and finally imposed a fine of 1.28 million yuan on counterfeit product distributors. This powerfully shocked other potential counterfeiters in the industry and safeguarded the interests of customers. In addition, Honeywell has launched a series of intellectual property protection actions in China in recent years and has achieved remarkable results. In May 2010, the local prosecution office first filed a criminal prosecution against counterfeiters of the "Garrett Garrett" turbocharger in Liaoning Province. The counterfeiter was finally sentenced to one year and fined RMB 100,000. In November 2008, the case of counterfeiting Honeywell's "Bendix" brand brakes, Fujian Xiapu Huafeng Machinery Industry Co., Ltd. and its responsible person in criminal prosecution was not only rated by the Supreme People's Court as "China's Intellectual Property Justice." The Top 10 Cases of Protection was also selected as the “Top Ten Cases of Intellectual Property Protection in 2008†by the China Quality Association for Foreign Investment Enterprises Association. In September 2008, the Zhejiang Provincial High Court finalized that Hangzhou Honglai Trading Co., Ltd. sold counterfeit "Honeywell" brand Hall element sensors and immediately stopped the infringement and compensated Honeywell with RMB 200,000. In addition, a series of counterfeit Honeywell companies were banned by law with the help of law enforcement agencies such as the Administration for Industry and Commerce and Quality and Technical Supervision Bureaus.
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