In September 2007, our company was commsioned by Nestle Product Co., Ltd. to file litigation against Yingte’er Nutrition Dairy Co., Ltd., on the issue of infringement to its right to exclusively use registered trademark and of unfair competition, to Beijing No.1 Intermediate People’s Court. Yingte’er has been using the “Shield logo”, which was registered by Nestle on the same product in advance, on the “infant formula” product Yingter’er produced and sold. The litigation appealed for a ruling that would stop the infringement of Yingte’er and Beijing Ito Yokado Xizhimen and compensation paid by the defendant for financial losses.
After the trial of the Beijing No.1 Intermediate People’s Court, the judgment was announced on the afternoon of March 12th 2008. The court held that the “Duomeizi” infant formula produced by Yingte’er resembled the Nestle’s infant product, which was approved to be used under the “Shield” trademark. Due to the resemblance of the “Golden Shield Group Logo” and the “Shield” trademark, Yingte’er’s actions violated Nestle’s right to exclusively use the registered “Shield” trademark. Yingter’er bore the civil liability of ceasing its infringement and making compensation.