Sheraton Hotel is a brand under the Fortune 500 Company, Starwood Hotels and Resorts Management Group, possessing extremely high reputation in the accommodation industry. Since 1994, Sheraton Hotel has possessed the exclusive right to use the registered “Xi Lai Deng” and “Sheraton” series trademarks in China. Linjiang Xi Lai Deng Hotel Co., Ltd. registered “Xi Lai Deng” as business name and used “Xi Lai Deng” and “Sheraton” as trademarks in its operations.

Sheraton Hotel, with regards to Linjiang Xi Lai Deng’s trademark using behavior, filed trademark infringement and unfair competition litigation to Baishan Intermediate People’s Court. Beijing Janlea Law Frim represented Sheraton Hotel in the trailing of the case.

During the trialing process, the Court partially accepted the representation opinions of Janlea Law Firm’s lawyers. It held as follows: The defendant, Linjiang Xi Lai Deng’s use of the symbols “Xi Lai Deng” and “Sheraton” in the hotel operating activities constituted infringement on Hotel’s trademark right. Also, its registration of “Xi Lai Deng” as business name constituted unfair competition. The Court ruled that Linjiang Xi Lai Deng should pay the compensation for the economic losses and appropriate expenses of Sheraton Hotel. 

During the first-instance trial, the defendant Linjiang Xi Lai Deng changed its business name to Linjiang Xi Ying Men Hotel Co., Ltd. and posted apology statement about the name changing on China Intellectual Property and Changbaishan Daily.

This is the first trademark infringement right protecting litigation of Sheraton Hotel in Mainland China. It produced warning effect for other infringement behaviors on Sheraton Hotel’s exclusive right to use trademark. Currently, the first-instance ruling of this case has already become valid.

Senior partner and lawyer Zachary Zhang and lawyer Andy Xu of Beijing Janlea Law Firm led a legal service team, who provided the complete legal service for Sheraton Hotel.