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An intellectual property damage liability case for lawsuit of malicious actions, Jiangsu Zhongxun Digital Electronics Co., Ltd. v. Shandong Bitit Intelligent Technology Co., Ltd.

By PRC Supreme People's Court

· Intellectual Property,Laws and Regulations

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgement Opinions Summary:

When the actor knows that the contested trademark is used by others first and has certain influence, the trademark right obtained by registering the contested trademark first does not have substantive legitimacy. Where the perpetrator files a trademark infringement lawsuit against the related party licensed by the previous user, the lawsuit shall be deemed as malicious filing of an intellectual property lawsuit, and shall be liable for damages if any damage is caused to others.

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