Westin Hotel is owned by Starwood Hotel and Resorts Management International Corporation, which is famous for the management of luxurious hotels. Since 1994, Westin Hotel has possessed the exclusive right to use the registered “Westin” series trademarks in China. In 2015, Wuxi Wei Si Ting Hotel Co., Ltd. registered “Wei Si Ting” (the Chinese transliteration of Westin) as a business name and use “Wei Si Ting” as trademark in its operating activities. 

Sheraton Hotel, with regards to Wuxi Wei Si Ting’s trademark using action, filed trademark infringement and unfair competition litigation to Wuxi Intermediate People’s Court. During the first-instance trial, the defendant Wuxi Wei Si Ting changed its business name to Wuxi Xi Fo Hotel Co., Ltd. and posted statements on newspaper, clarifying that it was not related to Westin Hotel.

During the trialing process, the Court partially accepted the representation opinions of Janlea Law Firm’s lawyers. It held as follows: The plaintiff’s “Westin” trademark constituted a well-known trademark. Xi Fo Company’s (Wuxi Wei Si Ting) use of the symbol “Wei Si Ting” in the hotel operating activities constituted infringement on Westin Hotel’s trademark right. Also, its registration of “Wei Si Ting” as business name constituted unfair competition.

Eventually, the first-instance court, considering the reputation of the trademark “Westin” and Xi Fo Company’s voluntary change of business name, ruled that Xi Fo Company would pay the compensation for Westin Hotel for its economic losses and appropriate expense of 310,000 RMB. Xi Fo Company was dissatisfied and appealed to Jiangsu Higher People’s Court. The second-instance court, after trailing, rejected the appealing request of Xi Fo and affirmed the first-instance trial.

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 Westin Hotel.