Judge in Taiwan Awarded Over NTD 2 Million in Compensatory Damages Concerning Trademark Infringement
2008/10/23 TaiwanOn October 23, 2008, the Taiwan Pingtung District Court ruled in favor of the registrant, Chao Neng Biotechnology Company, of trademarks including “Chu Lu Milk” and “Chu Lu Ranch” in trademark infringement lawsuit against He Yi Biotechnology Company (Case 97I/No. 1, October 23, 2008).
The claimant owns the management right of Chu Lu Ranch in Taitung County and registered the trademarks including “Chu Lu Milk” and “Chu Lu Ranch” with the designated goods of milk and dairy products. Because the defendant used the brand name of “Taitung Chu Lu Milk” on milk and dairy products without the claimant’s consent or authorization, and the lower quality products produced by the defendant would harm the claimant’s goodwill, the claimant requested NTD 3 Million compensation for damage caused by trademark infringement.
The defendant argued that “Chu Lu” was a descriptive mark and should not be accepted for registration. However, the Court confirmed the claimant’s trademarks to be famous and the defendant’s said brand was similar to the claimant’s trademark. As a result, considering the defendant’s scope of business, the Court set the damage to be NTD 2.01 Million.
The said decision was subject to further appeal.
Organized and translated by Eunice Yang
International Affairs
