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LITIGATION

Author:Zstandard IPR Time:2018-04-03 Categories:Our Service Views:1736 ℃

 

  • Intellectual Property Litigation, Arbitration;

  • Negotiation of Intellectual Property;

  • Signing of intellectual Property transfers, license contract;

  • Formulation of Intellectual Property Management System;

  • IPR Administrative Protection;

  • Dispute on Internet Intellectual Property;

  • Legal advisor for enterprise intellectual property, etc.

  • We have profound non-litigation and litigation experience in these IPRs and have represented many well-known IPR infringement cases.


Name: Joss Wang

Occupation: Lawyer

License No.: 13301201210326664

Joss Wang is a senior intellectual property lawyer. In addition, he is also the founder of Zstandard IPR, chief lawyer of ZheJiang XinPian LawFirm, partner of Hangzhou Zhongli Patent Firm, deputy director of Zhejiang Patent Protection Professional Committee, and former head of the Ministry of Intellectual Property Rights of Shanghai Alshine (Hangzhou) Law Firm. He has been specialized in  intellectual property litigation and non-litigation for more than 8 years, and also professionally competent at acquisition of intellectual property rights (trademarks, patents, copyrights, integrated circuit layout, etc.) and intellectual property protection litigation.

Joss Wang has represented numerous cases of intellectual property infringement disputes under the jurisdiction of intermediate people's courts (Hangzhou, Wuhan, Shenzhen, Qingdao, etc.) and patent invalidation cases under the jurisdiction of Beijing Patent Re-examination Board.


Case No.: (2017) Zhejiang 04 Minzhong 1926

The appellant (the plaintiff in the first trial) Anhui ** Clothing Co., Ltd. and the appellant (the defendant in the first trial) Zhejiang ** Trading Co., Ltd. appealed to Jiaxing Intermediate People's Court, respectively, due to the dispute over trademark license contract, as the two parties were not satisfied with Zhejiang Tongxiang People's Court (2017) Zhejiang 0483 Minchu 1366 civil judgment.

Joss Wang, acting as the attorney for the appellant (the plaintiff in the first trial), assisted the client in collecting and sorting out the evidence materials with his expertise. In the first instance, the appellant (the defendant in the first trial) was sentenced to pay for the loss of 113,693.79 yuan. In the second instance, the two parties reached an agreement that the appellant (the defendant in the first trial) should pay for loss of 990,000 yuan and return the appellant (the plaintiff in the first trial) the trademark license royalty of 250,000 yuan.


Case No.: (2018) Zhejiang 0110 Minchu 17534

The plaintiff, Hefei ** Science and Technology Co., Ltd. sued the defendant, ** Bookstore in Zhifu District, for copyright infringement and unfair competition, demanding that the defendant compensate 300,000 yuan and bear litigation costs.

As the attorney for the defendant, Joss Wang analyzed the case with expertise and obtained the support of the court by taking the unclear ownership of copyright as the main defense. Finally, the court ruled to dismiss the plaintiff's prosecution.


Case No.: (2018) Zhejiang 0192 Minchu 5161

The plaintiff ** Image (Beijing) Co., Ltd. sued the defendant Hangzhou Alibaba Advertising Co., Ltd. for copyright infringement. As the plaintiff's attorney, Joss Wang succeeded in helping the client obtain a compensation of 12,000 yuan. Although the amount of compensation is not high, winning the Alibaba lawsuit reflects the extraordinary expertise of our lawyers.


Case No.: (2018) Guangdong 03 Minchu 257 

The plaintiff Li** sued the defendant Shenzhen ** Technology Co., Ltd. for infringement of utility model patent rights, demanding that the two defendants compensate the plaintiff 500,000 yuan and bear the litigation costs.

Joss Wang, acting as the attorney for the two defendants, carefully analyzed the case and successfully won the support of the court with "legal source", Article 70 of the “Patent Law” as the main defense. The defendants were sentenced not to bear the liability for compensation.


Case No.: (2018) Zhejiang 01 Minchu 667

The plaintiff Chen * sued the defendant Pujiang** Technological Co., Ltd. for infringement of design patent right. Joss Wang, acted  as the plaintiff's attorney and succeeded in helping the client obtain a compensation of 60,000 yuan. In this case, the defendant entrusted a well-known intellectual property lawyer from Zhejiang, who pointed out in the trial that there were many differences between the alleged infringed products and the design patent involved, so the two should be considered not identical. Joss Wang, relying on his excellent expertise, pointed out that although the two were "seemingly alike but not exactly alike", "the chosen overall elements were the same", which has won the approval of the judge and the case. Through this case, Joss Wang not only earned the respect of the client, but also the admiration of the defendant.


Case No.: (2017) Zhejiang Minchu 902

The plaintiff Huang *** sued Hangzhou ** Bearing Co., Ltd. for infringement of design patent right. As the attorney of plaintiff,Joss Wang managed to help the plaintiff obtain a compensation. In this case,the defendantfiled a request for invalidation of patent right after the hearing. Joss Wang represented theplaintiff to attend the oral hearing held byPatent Re-examination Board in Beijing Yingu Building. After the oral hearing,the defendantvoluntarily withdrewthe request for invalidation, but then filed the request for invalidation once again. In September 2018,the Patent Re-examination Boardmade a decision to maintain the patent right in force. After three years,Joss Wang finally won the lawsuit. He not only protected the patent right of the plaintiff,but also consolidated the market share.


Case No.: (2017) Zhejiang 01 Minchu 1515, (2017) Hubei 01 Minchu 3988, 

Examination Decision on Request For Invalidation No. 35529

The plaintiff Li ** sued Xiang ** and ** Mahjong Machine Accessory Business Department in Dongxihu District, Wuhan City, for infringement of utility model patent, respectively, which were separately trialed by Hangzhou Intermediate People's Court and Wuhan Intermediate People's Court.

As the lawyer for the two defendants, Joss Wang attended the trial by Wuhan Intermediate People's Court and Hangzhou Intermediate People's Court, respectively. At the same time, by filing a request for invalidation of patent right with Beijing Patent Re-examination Board, Joss Wang eventually invalidated all utility model patents involved in the case, thus successfully winning the patent lawsuits in Hangzhou and Wuhan.


Case No.: (2018) Zhejiang 0108 Minchu 6226

The plaintiff ** International Trade (Shanghai) Co., Ltd. sued the defendants Yiwu ** Plastic Products Co., Ltd., Luo ** and Qiu ** for infringement of copyright and unfair competition, demanding the defendants to compensate 3000,000 yuan and bear litigation costs.

Joss Wang, acting as the attorney for the three defendants, carefully studied and analyzed the case, and won the approval of the presiding judge with “originality is not enough to constitute a work” as the main argument. The judge ruled to dismiss all the plaintiff's litigation requests. The court acceptance fee 30,800 yuan and application fee 5,000 yuan for litigation preservation were all borne by the plaintiff.


Case No.: (2018) Zhejiang Minchu 35-36, (2018) Zhejiang Minzhong 649-650

The plaintiff Zhan ** sued the defendant Yongkang ** Industry and Trade Co., Ltd. for infringement of design patent right and utility model patent. Joss Wang, acting as the plaintiff's attorney, managed to help the plaintiff obtain a compensation. The defendant appealed to the Zhejiang Provincial Higher People's Court against the first instance judgment. During the court hearing, the defendant supplemented the evidence that could prove Alibaba Express Platform sold the involved patented products in public first. Joss Wang, with his extraordinary expertise, pointed out in court that the evidence presented by the other party could not show the complete structural characteristics of the product, especially the structural pattern on the back of the product. And giving the suddenness of the evidence, whether it was the same or similar to the patent involved could not be confirmed. In the end, the defendant voluntarily withdrew the appeal, and the economic value of the plaintiff's patent and the stability of the patent right were protected.


Trademark appraisal cases:

Trademark No.: 27887724.

Z-standard IPR represented OCTAVIA YANG LTD and filed a request for review on the rejection of No. 2788724 trademark "OYANG" by the Trademark Office, and successfully registered after the review by the Trademark Review and Adjudication Board.


Trademark No.:21648345, 8569295 and 8569322. 

Z-standard IPR represented Hangzhou Taolive E-commerce Co., Ltd. to respond Alibaba Group’s objection to the "TAOLIVE" trademark registered in Class 18, Class 24 andClass 28, and won the case.


Trademark No.: 11300277. 

Z-standard IPR represented Zhu Jianto respondthe objection by Apple’s subsidiary BEATS ELECTRONICS, LLC. to the "FUTURE BEATS" trademark registered in Class 25, and won the case.


Trademark No.: 17465861. 

Z-standard IPRrepresentedLiforme.ltd, a well-known British yoga mat company, and won the review ofrejected application of LOGO similar to Lexus icon issued by the Trademark Office for Class 28.


Trademark No.: 9698139, 9362130, 9427338 and 9869622.

Z-standard IPRrepresented Zhejiang Xinhua Bookstore Group Co., Ltd. in response to the rush registrationof trademark "Bookuu + BOOKOO BOOKSTORE"in Class 16, Class 35, Class 41 and Class 42 byFrench GMXY Fashion Co., Ltd.


Trademark No.: 21648345.

Z-standard IPR represented Hangzhou Quchuang Business Co., Ltd., and won the case of "JEEBUU" trademark registered in Class 8 against Fiat Chrysler Automobiles (USA).


Patent invalidation cases:

Case No.: 5W113808.

Z-standard IPRrepresented Yang Qipeng, and won the case filedfor the request of invalidating the patent name of a carrier used for Mahjong table. It is a utility model patent, and the patent number is 201420804076.5.


Case No.: 6W108443.

Z-standard IPR represented Jiang Yijun, and won the case filedfor the request of invalidating the patent name ofa slipper. It is a design patent, and the patent number is 2015301903.6.


Case No.: 6W109488.

Z-standard IPR represented Huang Jiandong, and won the case filed by Hangzhou Tengyue Bearing Co., Ltd. for the request of invalidating the patent of bearing (simple).It is a design patent, and thepatent number is 201630196383.4.


Case No.: 5W112726.

Z-standard IPR represented Jiang Yijun, and won the case filed by Quzhou Sendi Biological Technology Co., Ltd. for the request of invalidatingthe patent ofa hotel environmental-friendly slipper. It is a utility model patent, and the patent numberis 201420828487.8.


Case No.: 5W115706.

Z-standard IPR represented Pan Jianyang, and won the case filed for the request of invalidating the patent name of a new type of volute for extractor hood. It is a utility model patent, and the patent number is 201721037870.1.




















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