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Tongxing Pharmaceutical Was Defeated in Its Litigation Against Guangzhou Pharmaceutical Litigation in the First-Instance Trial
2024-06-28        Janlea Updates        来源: 原创

As reported by South China Daily, recently, Baiyunshan made an announcement that it had already received the Civil Judgment from Guangdong Guangzhou Liwan District People’s Court. The Judgment, on the litigation filed by Tongxing Pharmaceutical addressing Guangzhou Pharmaceutical’s failure to fulfill the assignment of the “Wanglaoji” series trademark to Wanglaoji Pharmaceutical, ruled that all of Tongxing Pharmaceutical’s litigation demands would be rejected.

A while ago, Tongxing Pharmaceutical filed litigation to Liwan District Court against Guangzhou Pharmaceutical and demanded the latter pay the compensation of *******.81 RMB for its “breaching behaviors” and immediately cease its authorization of Wanglaojia Health Company and Guangdong Drink Co., Ltd. to use “Wanglaoji” trademark. It also demanded the defendant, Guangzhou Pharmaceutical, fulfill its promise and assign “Wanglaoji” trademark to Wanglaoji Pharmaceutical and bear the litigation fee of this case. 

The Judgment pointed out that, although Tongxing Pharmaceutical had negotiated with Guangzhou Pharmaceutical for several times, the two had neither obtained an accord nor signed any relevant agreement. There was no contractual basis for Tongxing Pharmaceutical ‘s demand of Guangzhou Pharmaceutical assigning “Wanglaoji” trademark to Wanglaoji Pharmaceutical. Moreover, trademark assignment would be  a mutual market trading action. Since Guangzhou Pharmaceutical did not agree with Tongxing Pharmaceutical’s litigation demands, the court would not support such litigation demand from Tongxing Pharmaceutical.

The case was represented by Janlea laywers.

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